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Click here to find out moreThe EEOC has finally released its regulations implementing the 2008 amendments to the Americans with Disabilities Act (ADA). The amendments significantly expanded the conditions that would be recognized as disabilities. Indeed, the EEOC noted that its preliminary assessment that 8.2 million people would be impacted by these changes was a significant underestimate, and that a closer estimate would be from 12 to 38.4 million people, which led it to increase the estimate cost to employers of providing accommodations to a range of $60 to $183 million. Of course, this does not include the legal costs that the EEOC conceded would increase due to more ADA-related litigation. The EEOC has lost no time in vigorously enforcing the ADA, and has filed several new ADA lawsuits involving such disabilities as mental disabilities, cerebral palsy, a shoulder injury, a kidney disorder, and arthritis. Teresa Tracy, a partner in Gladstone Michel Weisberg Willner & Sloane, ALC, addresses the new regulations, what they mean for employers, and how to best avoid liability for discrimination based on the new disability definitions and requirements.
