1 workforce: americans with disabilities act amendments act (adaaa) – what i need to do now to...

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1 Workforce: Americans with Disabilities Act Amendments Act (ADAAA) – What I Need to Do Now to Insure I’m Ready for the Change Sharon Rennert, J.D. Senior Attorney Advisor, EEOC Linda Carter Batiste, J.D. Principal Consultant, JAN

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Page 1: 1 Workforce: Americans with Disabilities Act Amendments Act (ADAAA) – What I Need to Do Now to Insure I’m Ready for the Change Sharon Rennert, J.D. Senior

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Workforce: Americans with Disabilities Act Amendments Act (ADAAA) – What I Need to Do

Now to Insure I’m Ready for the Change

Sharon Rennert, J.D. Senior Attorney Advisor, EEOC

Linda Carter Batiste, J.D.Principal Consultant, JAN

Page 2: 1 Workforce: Americans with Disabilities Act Amendments Act (ADAAA) – What I Need to Do Now to Insure I’m Ready for the Change Sharon Rennert, J.D. Senior

Session Overview ADAAA Overview Implications Practical Steps Resources

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Page 3: 1 Workforce: Americans with Disabilities Act Amendments Act (ADAAA) – What I Need to Do Now to Insure I’m Ready for the Change Sharon Rennert, J.D. Senior

ADAAA Guiding Principles makes it easier to meet the definition of

“disability” states the definition of “disability” in the ADA

“shall be construed in favor of broad coverage” and “should not demand extensive analysis”

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Page 4: 1 Workforce: Americans with Disabilities Act Amendments Act (ADAAA) – What I Need to Do Now to Insure I’m Ready for the Change Sharon Rennert, J.D. Senior

Five key changes to the definition of “disability”:

1. “substantially limits” redefined,2. “major life activities” expanded to include “major

bodily functions,”3. ameliorative effects of “mitigating measures” not

considered (except “ordinary eyeglasses and contact lenses”),

4. rule for impairments that are “episodic” or “in remission,” and

5. “regarded as” redefined.

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Page 5: 1 Workforce: Americans with Disabilities Act Amendments Act (ADAAA) – What I Need to Do Now to Insure I’m Ready for the Change Sharon Rennert, J.D. Senior

Rulemaking Process NPRM published on September 23, 2009 60-day public comment period See www.regulations.gov to view comments filed EEOC evaluated all of the comments to make

revisions Proposed final regulation will then be sent to

OMB before a final regulation is published in the Federal Register

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Page 6: 1 Workforce: Americans with Disabilities Act Amendments Act (ADAAA) – What I Need to Do Now to Insure I’m Ready for the Change Sharon Rennert, J.D. Senior

How to Determine Who is Covered

Page 7: 1 Workforce: Americans with Disabilities Act Amendments Act (ADAAA) – What I Need to Do Now to Insure I’m Ready for the Change Sharon Rennert, J.D. Senior

Specific Conditions Allergies? Fragrance sensitivity? Infertility? Temporary conditions?

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Page 8: 1 Workforce: Americans with Disabilities Act Amendments Act (ADAAA) – What I Need to Do Now to Insure I’m Ready for the Change Sharon Rennert, J.D. Senior

Other Implications

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Page 9: 1 Workforce: Americans with Disabilities Act Amendments Act (ADAAA) – What I Need to Do Now to Insure I’m Ready for the Change Sharon Rennert, J.D. Senior

Policies and Procedures

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Page 10: 1 Workforce: Americans with Disabilities Act Amendments Act (ADAAA) – What I Need to Do Now to Insure I’m Ready for the Change Sharon Rennert, J.D. Senior

Application Stage

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Page 11: 1 Workforce: Americans with Disabilities Act Amendments Act (ADAAA) – What I Need to Do Now to Insure I’m Ready for the Change Sharon Rennert, J.D. Senior

On The Job

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Page 12: 1 Workforce: Americans with Disabilities Act Amendments Act (ADAAA) – What I Need to Do Now to Insure I’m Ready for the Change Sharon Rennert, J.D. Senior

Reasonable Accommodation

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Page 13: 1 Workforce: Americans with Disabilities Act Amendments Act (ADAAA) – What I Need to Do Now to Insure I’m Ready for the Change Sharon Rennert, J.D. Senior

Resources

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Page 14: 1 Workforce: Americans with Disabilities Act Amendments Act (ADAAA) – What I Need to Do Now to Insure I’m Ready for the Change Sharon Rennert, J.D. Senior

Questions

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Page 15: 1 Workforce: Americans with Disabilities Act Amendments Act (ADAAA) – What I Need to Do Now to Insure I’m Ready for the Change Sharon Rennert, J.D. Senior

Contact EARN Voice/TTY: 1-866-327-6669 (EARN-NOW)

Email: [email protected]

Contact JAN: (800)526-7234 (V) & (877)781-9403 (TTY) AskJAN.org & [email protected]

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