As detailed in Nextep's Compliance Update, The Equal Employment Opportunity Commission (EEOC) has released the final regulations to the Americans with Disabilities Act Amendment Act (ADAAA). By expanding the definition of "disability" these regulations aim to put the focus on the actual merits of a case rather than on the nature of the disability.
Since many more employees can now be considered disabled for ADAAA purposes, companies should take some time to make sure business practices are up to date with current law:
- Best Business Practices. Continue to treat all employees fairly regardless of any protected status. Hire, train, promote, pay, and terminate nondiscriminatorily, maintaining written records supporting your decisions.
- Employee Handbook. Nextep's handbook was updated to be compliant with ADAAA regulations. Any outdated company handbooks should be updated immediately.
- Job Descriptions. A written description of a job's essential functions helps determine whether a person can fulfill it with or without a reasonable accommodation. Nextep can assist in completing these.
- Reasonable Accommodations. Employees are still responsible for being qualified for the job in question and requesting reasonable accommodations.
Please contact Nextep's HR Professionals at firstname.lastname@example.org or 888-811-5150 with questions and for case-by-case assistance on all claims and requests.
For the full text of the Federal Regulations, please visit 29 CFR Part 1630. You can also find advisement from the EEOC, including Questions and Answers on the Final Rule Implementing the ADA Amendments Act.