ADA Update: Franczek Radelet Suggests Changes to Proposed ADA Regulations

In September 2009, the Equal Employment Opportunity Commission proposed new regulations to the Americans with Disabilities Act. The proposed regulations substantially broaden the definition of “disability” to comply with the ADA Amendments Act, and forecast dramatic changes in the way ADA cases will be litigated. Last month, Franczek Radelet attorneys Lisa McGarrity and Mike Warner presented a Webinar addressing the EEOC’s Regulatory and Litigation Initiatives in light of these changes. (To view the Webinar, click here; to access the Webinar materials, click here.)

On November 17, 2009, the EEOC held a Town Hall Listening Session in Chicago to hear public input on the proposed regulations. The session was presided over by the EEOC’s Commissioner and Acting Vice Chair, as well as the Department of Justice’s Assistant Attorney General for Civil Rights.

On behalf of the firm and its clients, Franczek Radelet attorney Abizer Zanzi made a brief presentation to the panel, requesting that the EEOC consider several revisions to the proposed regulations. Specifically, Mr. Zanzi raised the following points:

• The EEOC’s interpretation of being substantially limited in the major life activity of “working” is internally inconsistent with EEOC’s guidelines for determining whether an employee is “disabled” and goes beyond the language and intent of the ADA Amendments Act. 
   
•  The EEOC’s ambiguous interpretation of short term or transitory and minor impairments throughout the regulations would create confusion for employers and the courts in determining whether short term impairments should be considered a disability under the new law.

The public comment period for the regulations ended November 23, 2009, and the final regulations are likely to be issued early next year. The final regulations will have retroactive effect to January 1, 2009. Franczek Radelet will continue to closely monitor developments in the ADA and provide timely updates. For questions regarding the ADA, please contact Michael Warner, Lisa McGarrity, Jeff Nowak, Abizer Zanzi or any Franczek Radelet attorney.