1. JAN is a service of the U.S. Department of Labors Office of Disability Employment Policy. 1 ADA Update Sharon Rennert, J.D. Senior Attorney Advisor, EEOC Linda Carter Batiste, J.D. Principal Consultant, JAN July 27, 2010

2. Session Overview ADAAA Overview Implications Practical Steps Resources 2

3. 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 3

4. 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. 4

5. Rulemaking Process NPRM published on September 23, 2009 60-day public comment period See www.regulations.gov to view comments filedwww.regulations.gov 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 5

6. How to Determine Who is Covered

7. Specific Conditions Allergies? Fragrance sensitivity? Infertility? Temporary conditions? 7

8. Other Implications 8

9. Policies and Procedures 9

10. Application Stage 10

11. On The Job 11

12. Reasonable Accommodation 12

13. Resources 13

14. Questions 14

15. Contact (800)526-7234 (V) & (877)781-9403 (TTY) AskJAN.org & jan@askjan.org 15