EEOC's Proposed Rule on the 2008 ADA Amendments

The Federal Register version of the EEOC's proposed rule on the ADA Amendments of 2008 is now available. As with any proposed rule, anyone is entitled to comment.

One of the easiest ways to comment is through www.regulations.gov (docket EEOC-2009-0012). The nice thing about regulations.gov is that it is not just a way to submit comments, users can also pull up other comments.

As of now, the final comment date is November 23, 2009 (this is sometimes but not always extended). Comments complaining about the changes Congress made will fall on deaf ears. The EEOC has no authority (or inclination) to overrule Congress' decision to broaden the scope of coverage under the ADA by legislatively overruling supreme court decisions.

On the other hand, showing how the proposed regulations will impact (adversely or positively) your business is always fair game. Pointing out ambiguities in the wording is also fair and important.

A later post will address some of the EEOC's proposals.