EEOC Releases Final Regulations Significantly Expanding Coverage under the Americans with Disabilities Act
By Marc E. Bernstein, Philippe A. Lebel & Mina C. Maisami
Last week, the Equal Employment Opportunity Commission (the EEOC) released its final Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, as Amended (the Final Regulations), and accompanying Interpretive Guidance. The Final Regulations confirm and amplify the expanded Americans with Disabilities Act (ADA) coverage contemplated by the Americans with Disabilities Act Amendments Act of 2008 (the ADAAA).
The ADAAA, which became effective on January 1, 2009, amended the language of the original ADA, substantially expanding the statutes coverage. Among its many new provisions, the ADAAA granted the EEOC broad rulemaking authority to interpret the meaning of the term disability and to issue updated regulations interpreting the ADA.