EEOC Regulations for the ADA Amendments Act
- The ADA Amendments Act of 2008 authorizes the EEOC to protect disabled Americans from discrimination at work.whee chair image by Lovrencg from Fotolia.com
The Americans with Disabilities Amendments Act went into effect in 2008. The act amended the original Americans with Disabilities Act of 1990. One of the most important changes from the amendments was the Equality Employment Opportunities Commission received more defined criteria for who it protected because they were "disabled." The EEOC and ADA Amendments Act prohibits employers from discriminating against any employees the EEOC considers disabled. - The ADA Amendments Act expanded on the original ADA's Title I, which defined who the EEOC considers disabled.
The EEOC states on its website that "Under the ADA, a person has a disability if he has a physical or mental impairment that substantially limits a major life activity...The ADA also protects individuals who have a record of a substantially limiting impairment, and people who are regarded as having a substantially limiting impairment."
People seeking ADA protection must have recorded proof that they have a "substantial" disability and not just a "minor" one, according to the EEOC. The ADA defines substantial disabilities as ones that restricts seeing, hearing, speaking, breathing, walking, learning or working, among other basic life skills and activities. The EEOC does not protect anyone with an addiction to illegal drugs. - In order for people to claim employers discriminated against them because of disabilities, they must prove to the EEOC they could do the job with or without reasonable accommodation from the business. Disabled employees need to satisfy all job requirements regardless of their impairments.
The EEOC says employers screening a disabled job applicant need to focus on the basic criteria such as education, expertise, skill and past performance. - The ADA defines employer discrimination against a disabled employee as limiting or segregating them, denying a job or benefits, not making reasonable accommodations and using qualification standards to specifically screen out certain disabilities.
- The EEOC enforces the ADA Amendments Act on all private businesses with 15 or more employees, government agencies with 15 or more employees, employment agencies, labor organizations and labor management organizations. In some cases, the EEOC and U.S. Department of Justice divide or share regulation over employers.
- The ADA Amendments Act permits the EEOC to regulate the following business practices: pay, recruitment, hires, fires, lay offs, leaves, trainings, promotions, benefits and assignments. Employers are not allowed to ask employees if they have a disability nor can they require a medical examination to determine so before a hiring.
The act prevents employers from retaliating against or pressuring their employees for demanding the employers acknowledge their ADA rights. Employers also are prohibited from discriminating against any employees for associating themselves with someone who is disabled. - The EEOC requires employers to provide "reasonable accommodations" for disabled employees. "Reasonable accommodations" include building modifications, job structure changes, modifying work schedules, adjusting certain entrance examinations and providing readers, signers or interpreters. The EEOC considers accommodations as "undue hardships" and exempt businesses if they would have to change things that are unreasonably high in cost or effort, disruptive or would require major restructuring of the businesses' operations.
"Disabled" Defined
Basic Functions
"Discrimination" Defined
Regulated Organizations
Regulated Practices
Accomodations
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