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Upcoming Events

November 20, 2009, New Orleans, LA- Town Hall Listening Session on New Proposed EEOC Regulations
TBA: The ADA and Transportation presented by Marilyn Golden

In the News

Updated October 23, 2009

November Town Hall Listening Session in New Orleans on the New Proposed EEOC Regulations

The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) Civil Rights Division announce a full-day Town Hall Listening Session, on Friday, November 20, from 9:00 a.m. to 4:00 p.m. at the University of New Orleans Training Resource and Assistive-technology Center (UNO-TRAC) 2000 Lakeshore Drive, New Orleans, LA 70148.

This is one of a series of forums for public input being held throughout the country in coming weeks to obtain direct input from the business/employer communities as well as the disability and disability advocacy community on EEOC's proposed regulations under the ADA Amendments Act of 2008 (ADAAA).

Presided over by EEOC's Acting Chair, Stuart J. Ishimaru, Acting Vice Chair, Christine Griffin, and Commissioner Constance S. Barker, as well as DOJ’s Deputy Assistant Attorney General for Civil Rights, Samuel Bagenstos, Counsel to the Assistant Attorney General for Civil Rights, Mazen Baswari, and Chief of the Disability Rights Section of the Civil Rights Division, John Wodatch, the Town Hall Listening Session is an opportunity for these officials to hear directly from stakeholders of all perspectives on the proposed regulations.

Five-minute time slots to address the panel will be available from 9:00 a.m. to 4:00 p.m. Some of the slots will be available on an advance registration basis and some on first-come, first-served sign up basis at the event. Members of the public are also invited to attend and view the proceedings, with space available on a first-come, first-served basis.

As a reasonable accommodation, there will be limited availability to provide public input by telephone. To request this accommodation you must register in advance.

Individuals representing themselves or organizations are urged to take advantage of this opportunity to provide input on the EEOC's Notice of Proposed Rulemaking which can be viewed on the EEOC site, along with a question-and-answer guide.

For more information, or to register as a speaker, please contact Maple Thomas at 504-595-2827 (TTY 504-595-2958) or at Maple.Thomas@eeoc.gov

Sign Language Interpreters, CART, and assistive listening devices will be available. If you need printed materials in an alternative format please email Elisa.gonzalez.ctr@tma.osd.mil Please let her know what you need and the location (city) of the event you will be attending.

Updated September 17, 2009

Commission Approves Proposed ADA Regulations for Public Comment

New Regulations Conform to Changes Made by ADA Amendments Act of 2008

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today approved a Notice of Proposed Rulemaking (NPRM) revising its regulations to provide that an individual seeking protection under the Americans with Disabilities Act (ADA) establish that he or she has a disability consistent with the original, expansive intent of Congress when it enacted the ADA in 1990. The NPRM, approved by 2-1 vote, carries a 60-day period for public comment.

The NPRM makes several significant changes to the definition of the term “disability” necessitated by enactment of the ADA Amendments Act of 2008. The NPRM is posted on the Commission’s website, www.eeoc.gov, along with a question-and-answer guide about the proposal and instructions for submitting public comments.

“Today’s Commission action marks a key step in implementing the landmark Amendments Act, which will smooth the road for those trying to establish disability under the ADA,” said Acting EEOC Chairman Stuart J. Ishimaru. “The Commission acted following careful and thorough deliberations, and we look forward to reviewing any and all public comments before issuing our final regulation.”

Acting EEOC Vice Chair Christine M. Griffin said, “Congress recognized that the intent of the ADA was being misread, that its goals were being compromised, and that action had to be taken. These regulations will shift the focus of the courts away from further narrowing the definition of disability, and put it back where Congress intended when the ADA was enacted in 1990.”

The Americans with Disabilities Act (ADA), an anti-discrimination statute, was signed into law in July 1990. The EEOC is responsible for enforcing Title I of the ADA, which prohibits employment discrimination against individuals with disabilities. The statute requires employers to make reasonable accommodations to employees and job applicants with disabilities—defined as people with mental or physical impairments that substantially limit a major life activity, persons with a record of a disability, or who, while not actually disabled, are regarded as disabled.

The ADA Amendments Act, which went into effect Jan. 1, 2009, states that Congress expects the EEOC to revise its regulations to conform to changes made by the Act, and expressly authorizes the EEOC to do so. The new law rejected the holdings in several Supreme Court decisions and portions of EEOC’s ADA regulations that Congress believed construed the definition of “disability” too narrowly, preventing individuals with impairments such as cancer, diabetes, epilepsy, multiple sclerosis, muscular dystrophy, post-traumatic stress disorder, and bipolar disorder from bringing discrimination claims. The ADA Amendments Act (ADAAA) and the proposed rule make it easier for an individual alleging employment discrimination based on disability to establish that he or she meets the ADA’s definition of “disability.” The ADA Amendments Act also modifies the Rehabilitation Act of 1973, which prohibits employment discrimination in the federal workforce on the basis of disability.

The EEOC voted June 17 to adopt the rules changes, which then went to the Office of Management and Budget for review, and to federal agencies.

Consistent with the ADAAA, the NPRM emphasizes that the definition of disability -- an impairment that poses a substantial limitation in a major life activity -- must be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA, and should not require extensive analysis; that major life activities include “major bodily functions”; that mitigating measures, such as medications and devices that people use to reduce or eliminate the effects of an impairment, are not to be considered when determining whether someone has a disability; and that impairments that are episodic or in remission, such as epilepsy, cancer, and many kinds of psychiatric impairments, are disabilities if they would “substantially limit” major life activities when active. The regulation also provides a more straightforward way of demonstrating a substantial limitation in the major life activity of working, and implements the ADAAA’s new standard for determining whether someone is “regarded as” as having a disability.

The 60-day public comment period on the proposed rule-making will officially commence upon publication of the NPRM in the Federal Register, which is expected to be published the week of September 21, 2009. The EEOC encourages the public to offer its views and suggestions.

The EEOC is responsible for enforcing federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

Updated September 2, 2009

New ASL Podcast: Rights and Responsibilities under the Air Carrier Access Act

The Disability Law Lowdown podcast just posted a new podcast in American Sign Language (ASL) -- Rights and Responsibilities under the Air Carrier Access Act, with a special focus on issues important to the deaf and hard of hearing community. New regulations for the Air Carrier Access Act went into effect in May. This podcast is part one in a series about how these regulations affect air travel for people who are deaf or hard of hearing.

The Disability Law Lowdown podcast is available at www.DisabilityLawLowdown.com , as well as on You Tube. People can download the podcast directing from a computer or can watch it on You Tube, where subscriptions to the podcast will alert viewers when new episodes are available.

The Disability Law Lowdown provides the latest information about disability rights and obligations under the Americans with Disabilities Act, and other disability-related topics. Subscription is free.

The Disability Law Lowdown is provided by the DBTAC National Network of ADA Centers. The centers provide technical assistance and training in the Americans with Disabilities Act and other disability-related laws. To reach the center that serves you call 1-800-949-4232 v/tty. The centers are funded by NIDRR (National Institute on Rehabilitation and Research) of the Department of Education.

The Disability Law Lowdown is available in English, Spanish, and American Sign Language.

Updated August 18, 2009

NEW PODCAST SHOW from the DISABILITY LAW LOWDOWN

The Disability Law Lowdown podcast just posted Part One of Transitioning from High School to College for Students with Disabilities. Jacquie Brennan interviews Jean Ashmore, Director of Disability Support Services at Rice University, about facts, myths, and tips for students with disabilities transitioning from high school to college.

The Disability Law Lowdown podcast is available at www.DisabilityLawLowdown.com, as well as on iTunes. People can listen to the podcast directly from a computer or can download it to an MP3 player, like an iPod.

The Disability Law Lowdown provides the latest information about disability rights and obligations under the Americans with Disabilities Act, and other disability-related topics. Subscription is free.

The Disability Law Lowdown is provided by the National Network of ADA Centers across the country, offering technical assistance and training on the Americans with Disabilities Act and other disability-related laws. Call 1-800-949-4232 v/tty to reach the center that serves your region. The Disability Law Lowdown is available in English, Spanish, and American Sign Language.

To subscribe or find out more, visit www.DisabilityLawLowdown.com.

The ADA Centers are the ten Disability Business Technical Assistance Centers (DBTACs) funded by the National Institute on Disability and Rehabilitation Research (NIDRR) of the Department of Education.

Updated April 21, 2009

Texas Healthcare Workers Wanted for Study Participation

April 21, 2009
Austin, Texas

Do you work in health care in Texas and have a colleague or supervise someone who has a disability? Or, are you a person with a disability who works in health care in Texas?

(By 'disability' we mean any kind of physical or mental impairment you currently have or had that lasted more than 6 months that limits or limited a major life activity for you — it could be arthritis, diabetes, a back injury, depression or a history of cancer or addiction to drugs or alcohol.— any health condition or impairment that currently does or in the past made it a lot harder for you than for the average person to walk, lift, sit, stand, read, concentrate, learn, see, hear, speak, bathe or engage in other major life activities.)

If so, researchers from SEDL would like to interview you about your work experiences.

We will give you a gift card of $25 as a thank you.

Focusing on those who work in hospital, medical and dental clinics and similar settings, the goal is to conduct one-on-one interviews, either face-to-face or by telephone, with individuals with disabilities, and with people who manage or supervise people with disabilities.

Please e-mail dbtac@sedl.org or call 1-800-476-6861 and ask for Kathleen Murphy to make arrangements. The research protocol has been reviewed by the Committee for the Protection of Human Subjects of the University of Texas Health Science Center at Houston (HSC-MH-08-0373).

Updated April 6, 2009

The American Recovery and Reinvestment Act of 2009 and the ADA: What You Need To Know

A reminder from the Department of Justice that the programs funded by the economic stimulus package must be accessible to people with disabilities and comply with ADA.

Updated April 8, 2009

Disability Law Handbook

The DBTAC Southwest ADA Center, a program of ILRU at TIRR Memorial Hermann, announces the publication of The Disability Law Handbook, a 50-page guide to the basics of the Americans with Disabilities Act and other disability related laws.

Written in an FAQ format, The Disability Law Handbook answers questions about the Americans with Disabilities Act, the ADA Amendments Act, the Rehabilitation Act, Social Security, the Air Carrier Access Act, the Individuals with Disabilities Education Act, the Civil Rights of Institutionalized Persons Act, and the Fair Housing Act Amendments.

Currently, all printed copies have been given away and the handbook is now only available in electronic format.

Updated March 3, 2009

EEOC Seeks Public Comment On Proposed Regulations Implementing Genetic Information Non-Discrimination Act

February 25, 2009 - Embarking on an historic new area of jurisdiction, the U.S. Equal Employment Opportunity Commission (EEOC) today presented a Notice of Proposed Rule Making implementing employment provisions of the Genetic Information Non-Discrimination Act of 2008 (GINA), and urged public comment.

“The addition of genetic information discrimination to the EEOC’s mandate is historic, and represents the first legislative expansion of the EEOC’s jurisdiction since the Americans with Disabilities Act passed in 1990,” said Acting EEOC Chairman Stuart J. Ishimaru. “We welcome the opportunity to implement important provisions of this landmark legislation, and to expand the promise of equal opportunity in the workplace for everyone.”

Acting EEOC Vice Chair Christine M. Griffin said, “GINA is an important piece of legislation. As a deliberative body, we want to ensure that the intent of Congress is properly carried out through our regulations. Public comment on this NPRM is a critical part of that process. We look forward to a vigorous and thoughtful review.”

GINA, signed into law in May 2008, prohibits discrimination by health insurers and employers based on people’s genetic information. The EEOC is charged with issuing regulations by May 21 implementing Title II of GINA, which prohibits the use of genetic information in employment, prohibits the intentional acquisition of genetic information about applicants and employees, and imposes strict confidentiality requirements.

The EEOC opened a 60-day public comment period on the proposed rule-making at a Commission meeting today. Also at the meeting, a panel of experts hailed GINA for allowing people to advance their health care without risking their jobs.

“We know that in the past, patients have passed up genetic testing that could benefit their health, and have gone to great lengths to keep genetic information secret – even from their own doctors,” said Susannah Baruch, Law and Policy Director of the Pew Genetics and Public Policy Center at Johns Hopkins University. “With the passage of GINA and its implementation, we welcome a new era. There are many factors an individual may consider in deciding whether to take a genetic test, but the fear of discrimination must not be one of them.”