EEOC press release:
WASHINGTON – The U.S. Equal Employment Opportunity Commission’s (EEOC) final regulations to implement the ADA Amendments Act (ADAAA) are now available for public view on the Federal Register website at
www.ofr.gov. The regulations will be published Friday. Like the law they implement, the regulations are designed to simplify the determination of who has a "disability" and make it easier for people to establish that they are protected by the Americans with Disabilities Act (ADA).
"The ADAAA is a very important civil rights law," said EEOC Chair Jacqueline A. Berrien. "The regulations developed by the Commission to implement the ADAAA clarify the requirements of the law for all stakeholders, which is one of the Commission’s most important responsibilities."
"Based on the hard work we did at the Commission over the past months, I am confident that these regulations will work well for both people with disabilities and employers," said Commissioner Chai Feldblum, who joined the EEOC in April, 2010. "It was our job as an agency to carry out the intent of this landmark law and I believe we have done so successfully." Feldblum was one of the lead negotiators on the original ADA as well as on the Amendments Act.
"Just as the ADAAA was the result of a considerable bipartisan effort by Congress, the final rule represents a concerted effort of EEOC Commissioners representing both parties to arrive at regulations that hold true to that bipartisan Congressional intent," said Commissioner Constance S. Barker. "I was pleased to have been able to vote in favor of the final rule."
The ADAAA went into effect on Jan. 1, 2009. In the ADAAA, Congress directed the EEOC to revise its regulations to conform to changes made by the Act, and expressly authorized the EEOC to do so. The EEOC issued a Notice of Proposed Rulemaking seeking comment on proposed implementing regulations on September 23, 2009, and received well over 600 public comments in response. The final regulations reflect the feedback the EEOC received from a broad spectrum of stakeholders.
The ADAAA overturned several Supreme Court decisions that Congress believed had interpreted the definition of "disability" too narrowly, resulting in a denial of protection for many individuals with impairments such as cancer, diabetes or epilepsy. The ADAAA states that the definition of disability should be interpreted in favor of broad coverage of individuals. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.
The ADAAA and the final regulations keep the ADA’s definition of the term "disability" as a physical or mental impairment that substantially limits one or more major life activities; a record (or past history) of such an impairment; or being regarded as having a disability. But the law made significant changes in how those terms are interpreted, and the regulations implement those changes.
Based on the statutory requirements, the regulations set forth a list of principles to guide the determination of whether a person has a disability. For example, the principles provide that an impairment need not prevent or severely or significantly restrict performance of a major life activity to be considered a disability. Additionally, whether an impairment is a disability should be construed broadly, to the maximum extent allowable under the law. The principles also provide that, with one exception (ordinary eyeglasses or contact lenses), "mitigating measures," such as medication and assistive devices like hearing aids, must not be considered when determining whether someone has a disability. Furthermore, impairments that are episodic (such as epilepsy) or in remission (such as cancer) are disabilities if they would be substantially limiting when active.
The regulations clarify that the term "major life activities" includes "major bodily functions," such as functions of the immune system, normal cell growth, and brain, neurological, and endocrine functions. The regulations also make clear that, as under the old ADA, not every impairment will constitute a disability. The regulations include examples of impairments that should easily be concluded to be disabilities, such as HIV infection, diabetes, epilepsy, and bipolar disorder.
Following the dictates of the ADAAA, the regulations also make it easier for individuals to establish coverage under the "regarded as" part of the definition of "disability." Establishing such coverage used to pose significant hurdles, but under the new law, the focus is on how the person was treated rather than on what an employer believes about the nature of the person’s impairment.
The Commission has released two Question-and-Answer documents about the regulations to aid the public and employers—including small business—in understanding the law and new regulations. The ADAAA regulations, accompanying Question and Answer documents and a fact sheet are available on the EEOC website at
www.eeoc.gov/.
The EEOC enforces the nation’s laws prohibiting employment discrimination. More information is available at
www.eeoc.gov
Click below for PDF of the following:
Important changes to the ADA Title II and Title III regulations are in effect starting March 15. Title II applies to state and local governments. Title III applies to the private sector: stores, hotels, day care centers, non-profit organizations, medical providers, etc. Most of the changes in the two regulations are the same.
What are the changes?
Service Animals:
The definition of service animals now only includes dogs. Other animals, whether wild or domestic, do not qualify as service animals. Dogs must be individually trained to do work or perform tasks. Dogs that are not trained to perform tasks that mitigate the effects of a disability, including dogs that are used purely for emotional support, are not service animals. The regulations also clarify that the animal must be under the handler’s control at all times, that the handler is responsible for the animal’s care and what questions can and can’t be asked a person indicates his or her dog is a service animal.
Miniature Horses
Although not under the definition of service animals, the regulations permit the use of trained miniature horses as alternatives to dogs, where appropriate. Assessment factors to determine appropriateness of the use of miniature horses include the type, size, and weight of the miniature horse; whether the facility can accommodate these features; whether the handler has sufficient control of the miniature horse; whether the miniature horse is housebroken; and whether the miniature horse's presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.
Wheelchairs and Other Power-Driven Mobility Devices:
The regulations distinguish wheelchairs and "other power-driven mobility devices” (OPDMDs). OPDMDs are mobility devices not designed for people with disabilities, but which are often used by people with disabilities (such as the Segway). Wheelchairs must be permitted in all areas open to pedestrian use. OPDMDs must be permitted unless their use would fundamentally alter programs, services, or activities; create a direct threat or create a safety hazard.
Ticketing (tickets to sporting events, concerts, theater, etc.):
Tickets for accessible seating must be available to purchase during the same hours; during the same stages of ticket sales (pre-sales, promotions, lotteries, wait-lists, and general sales) and through the same methods of distribution (phone, in person, internet, third party) as tickets for non-accessible seating. The regulations also include requirements concerning information about the location and availability of accessible seating, hold and release of accessible seating to persons with out disabilities, prevention of the fraudulent purchase of accessible seating, and the ability to purchase multiple tickets when buying accessible seating.
Effective Communication:
The regulations include video remote interpreting (VRI) services as a type of auxiliary aid that may be used to provide effective communication. To ensure that VRI is effective, the regulations include performance standards for VRI and requires training for users of the technology. The regulations state that a minor child may not be used to interpret or facilitate communication except under emergency situations.
More ADA Title II and Title III regulations changes go into effect next year on March 15, 2012. We will discuss those in future updates.
Additional information about Title II changes is available here:
http://www.ada.gov/regs2010/titleII_2010/titleII_2010_withbold.htm
Additional information about Title III changes is available here:
http://www.ada.gov/regs2010/titleIII_2010/titleIII_2010_withbold.htm
Special thanks to the New England ADA Center for preparing this update!
Please contact the Northeast ADA Center if you have any questions by sending an email to
http://www.ilr.cornell.edu/edi/dbtacnortheast/index.cfm or call 800-949-4232 voice/tty.
Dear activists and friends,
Today is World Down Syndrome Day (WDSD). This date (21/3) represents the 3 copies of chromosome 21, which is unique to people with Down syndrome. Down Syndrome International, an organization founded in 1993 with the mission to provide a platform for people with Down syndrome to enjoy their human rights and live full and rewarding lives, promotes the date since 2006. 21/3 has been largely welcomed and incorporated by the DS community worldwide, with presentations, seminars, acts, walks, protests, etc, reinforced by large media coverage.
In Brazil, for instance, there are more than 60 events happening on over 20 cities. One of them happens today at the Camara dos Deputados (House of Representatives) and is being transmitted live on TV. At this event, as well as many others, self-advocates with Down syndrome speak for themselves, marking the fulfillment of self-determination, one of the basic principles of CRPD that has historically been largely neglected for people with intellectual disabilities.
>>
http://fbasd.blogspot.com/2011/03/dia-internacional-da-sindrome-de-down_11.html
This year, at the General Assembly, Brazil will hopefully be proposing a resolution at the UN for WDSD to enter the United Nation’s official calendar. We would like to ask the international disability community to support among Member States the pledge to make the date official. Usually this kind of proposition is presented in October, but we have to start to work earlier to build up consensus. By doing that, you will help enable this day of awareness and valuing of life of people with intellectual disabilities to be spread through all UN Member States, provoking changes that make it possible for people with intellectual disabilities to their lives with dignity.
Thank you all and have a great World Down Syndrome Day!
Patricia Almeida
Inclusive - Inclusion and Citzenship
Instituto MetaSocial
To check the program in 47 countries. Go to:
http://www.worlddownsyndromeday.org/events.htm
To check the video made by DSI to celebrate the date – Let us in, go to:
http://www.ds-int.org/video/will-you-let-us-in
To view the video that the Brazilian movement prepared (with subtitles in Portuguese, English and Spanish – click CC on the bottom right corner) to celebrate the date, Diversity, go to:
http://www.youtube.com/CanalFBASD
Audio-description of the video in Portuguese:
http://fbasd.blogspot.com/2011/03/dia-internacional-da-sindrome-de-down.html#inicio
