On September 16, 2009, by a 2-1 vote, the Equal Employment Opportunity Commission (EEOC) approved a Notice of Proposed Rulemaking (NPRM) revising its regulations under the Americans with Disabilities Act (ADA). Necessitated by the ADA Amendments Act of 2008, the NPRM makes significant changes to how the term “disability” is defined, expanding the scope of persons considered disabled under the ADA. 

The ADA Amendments Act stated several Supreme Court decisions and certain EEOC regulations construed the definition of “disability” too narrowly, improperly precluding individuals with impairments that were episodic or in remission from being considered disabled. The NPRM emphasizes that the definition of disability - an impairment that poses a substantial limitation in a major life activity - must be construed broadly and should not require extensive analysis.

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 NPRM carries a 60-day period for public comment. The comment period will officially commence upon publication of the NPRM in the Federal Register.