The new Americans with Disabilities Act regulations are set to kick in January 1. Problem: The members of the Equal Employment Opportunity Commission haven’t agreed to sign off on the new deal.
President Bush signed the ADA changes in September to expand the definition of “disability” and greatly restrict how employers can use mitigating factors when deciding whether an employee meets the standards for a disability accommodation.
The problem now is that Republican commissioners Naomi Earp and Constance Barker voted to move ahead with the new regss while Democratic commissioners Stuart Ishimaru and Christine Griffin voted against the notice of proposed rulemaking that implements the new law. Tradition calls for the commissioners to iron out their differences and vote again. Maybe.
EEOC legal counsel Reed Russell insists that the regs will go into effect January 1, no matter what. To complicate matters, the approval process calls for the commission to OK the sending of the regs to the U.S. Office of Management and Budget for review before the regs appear in the Federal Register.
Check back with us in early January to see how all this is resolved.
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