### EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)

Statement of Regulatory Priorities

The mission of the Equal Employment Opport unity Commission (EEOC, Commission, or agency) is to ensure equality of opportunity in employment by vi gorously enforcing seven Federal statutes. These statutes are: Title VII of the Civil Rights Act of 1964, as amended (prohibits employment discrimination on the basis of race, color, sex, religion, or national origin); the Equal Pay Act of 1963, as amended (makes it illegal to pay unequal wages to men and women performing substantially equal work at the same establishment, unless the difference is attributable to a bona fide seniority, merit, or incentive system, or to a factor other than sex); the Age Discrimination in Employment Act of 1967 (ADEA) as amended (prohibits employment discrimination based on age of 40 or older); Titles I and V of the Americans with Disabilities Act, as amended, and sections 501 and 505 of the Rehab ilitation Act, as amended (prohibit employ ment discrimination based on disability ); Title II of the Genetic Information Nondiscrimination Act (GINA) (prohibits employment discrimination based on genetic information and limits acquisition and disclosure of genetic information); and section 304 of the Government Employee Rights Act of 1991 (protects certain previously exempt state & local government employees from employment discrimination on the basis of race, color, religion, sex, national origin, age, or disability).

The first item in this regulatory plan is ent itled “Genetic Information Nondiscrimination Act.” GINA was signed into law on May 21, 2008. Congress enacted GINA in recognition of many achievements in the field of genetics, the decoding of the human genom e, and the creation and increased use of genomic medicine. Many genetic tests now exist that can inform individuals whether they may be at risk for developing a specific disease or disorder. GINA was enacted to address public concerns regarding the potential for misuse of genetic information.

Title II of GINA protects job applicants, current and former employees, labor union members, and apprentices and trainees from discrimination based on t heir genetic information. GINA prohibits use of genetic information in employment, whether acquired th rough genetic testing or from an individual’s family medical history, and limits acquisition and disclosure of such information. It requires that, when genetic information is acquired, it be maintained in a confidential medical file, separate and apart from personnel information.

The second item in this regulatory plan is ent itled “Regulations To Implement the Equal Employment Provisions of the Americans With Disabilities Act Amendments Act.” The Americans with Disabilities Act Amendments Act of 2008 (“the Amendments Act” or “the Act”) was signed into law on September 25, 2008, with a statutory effective date of January 1, 2009. The Act makes important changes to the definition of the term “disability ” by rejecting the hol dings in several Supreme Court decisions and portions of EEOC’s ADA regulations. The Act retains the ADA’s basic definition of “disability ” as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that these statutory terms should be interpreted in several ways. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.

Consistent with section 4(c) of Executive Order 12866, this statement was reviewed and approved by the Chair of the Agency. The statement has not been reviewed or approved by the other members of the Commission.The 1 Actions Described in the Regulatory Plan

Title Regulation Identifier Number Rulemaking Stage

Regulations To Implement the Equal Employment Provisions of the Americans With Disabilities Act Amendments Act 3046-AA85 Final Rule Stage

Equal Employment Opportunity Commission ( EEOC ) RIN: 3046-AA85

View Related Documents

Title: Regulations To Implement the Equal Employment Provisions of the Americans With Disabilities Act Amendments Act
Abstract: The Americans With Disabilities Act Amendments Act of 2008 ("the Amendments Act") was signed into law on September 25, 2008, with a statutory effective date of January 1, 2009. EEOC proposes to revise its Americans With Disabilities Act (ADA) regulations and accompanying interpretative guidance (29 CFR part 1630 and accompanying appendix) in order to implement the ADA Amendments Act of 2008. Pursuant to the 2008 amendments, the definition of disability under the ADA shall be construed in favor of broad coverage to the maximum extent permitted by the terms of the ADA, and the determination of whether an individual has a disability should not demand extensive analysis. The Amendments Act rejects the holdings in several Supreme Court decisions and portions of EEOC's ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No
CFR Citation: 29 CFR 1630 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC sec 12116 and sec 506 as redesignated under the ADA Amendments Act of 2008 Legal Deadline: None

Regulatory Plan:

Statement of Need: This regulation is necessary to bring the Commission's regulations into compliance with the ADA Amendments Act of 2008, which became effective January 1, 2009, and explicitly invalidated certain provisions of the existing regulations. The Amendments Act retains the terminology of the ADA's basic definition of "disability" as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that these statutory terms should be interpreted in several ways, therefore necessitating revision of the existing regulations and interpretive guidance contained in the accompanying "Appendix to Part 1630--Interpretive Guidance on Title I of the Americans With Disabilities Act," which are published at 29 CFR part 1630. The proposed revisions to the title I regulations and appendix are intended to enhance predictability and consistency between judicial interpretations and executive enforcement of the ADA as now amended by Congress.

Legal Basis: Section 506 of the Amendments Act, 42 U.S.C. section 12205a, gives the EEOC the authority to issue regulations implementing the definitions of disability in section 12102 of this title (including rules of construction) and the definitions in section 12103 of this title, consistent with the ADA Amendments Act of 2008.

Alternatives: None: Congress mandated issuance of regulations.

Costs and Benefits: The EEOC anticipates economic and other benefits from the rule in many areas. For example, applicants and employees will be entitled to reasonable accommodation absent undue hardship to perform jobs for which they are qualified, whereas they may have been deemed not to meet the ADA's definition of disability prior to the Amendments Act and denied accommodations as a result. Also, employers will incur benefits from their ability to retain, hire, and promote qualified personnel; increased employee attendance and productivity; avoidance of costs associated with under-performance, workplace injury, and turnover; and benefits from savings in workers' compensation and related insurance. Finally, definitional clarity brought by the amended regulation will have the economic benefit of reducing litigation and the need for costly experts to address "disability," and will streamline the issues requiring judicial attention. To the extent that employers may in some cases need to revise internal policies and procedures to reflect the broader definition of disability under the Amendments Act and train personnel to ensure appropriate compliance with the revised regulation, the Commission will continue to provide free technical assistance and outreach, including presentations and materials targeted specifically to small employers. Costs would be incurred by employers with 15 or more employees that are covered by the ADA. Applying the broader Amendments Act interpretation of when an impairment "substantially limits" a major life activity, more applicants and employees will meet thedefinition of disability and thus be potentially entitled to reasonable accommodations that do not pose an undue hardship. Available cost data is limited. However, using research indicating that the average cost of an accommodation is $462, the NPRM estimated the additional cost of accommodations as a result of the Amendments Act and the EEOC regulations at $74 million. Assuming these requests occur over 5 years, since it is reasonable to assume that not all new requests will occur in the same year, the annual estimated cost would be $15 million. The NPRM noted that it is possible that these estimates are at least twice as great as the actual costs would be, given research indicating that prior to the Amendments Act, fewer than half of the accommodation requests were granted. It is also important to note that both government-sponsored and private studies have repeatedly found that more than 50 percent of accommodations have zero costs for employers, both large and small.

Risks: The proposed rule imposes no new or additional risk to employers. The proposal does not address risks to public health, safety, or the environment.

Timetable:

Action Date FR Cite

NPRM 09/23/2009 74 FR 48431
NPRM Comment Period End 11/23/2009

Final Action 12/00/2010

Additional Information: The EEOC plans to issue a final rule by the end of December, 2010, subject to expedited E.O. 12866 review by OMB/OIRA.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal
Small Entities Affected: Business; Governmental Jurisdictions; Organizations Federalism: No

Energy Affected: No Agency Contact: Christopher Kuczynski Assistant Legal Counsel, Office of Legal Counsel Equal Employment Opportunity Commission 131 M Street NE Washington , DC 20507 Phone: 202 663-4665 TDD Phone: 202 663-7026 FAX: 202 663-4639 E-Mail: christopher.kuczynski@eeoc.gov Agency Contact: Jeanne Goldberg Senior Attorney Advisor Equal Employment Opportunity Commission 131 M Street NE Washinigton , DC 20507 Phone: 202 663-4693 FAX: 202 663-4639 E-Mail: jeanne.goldberg@eeoc.gov