[Federal Register Volume 65, Number 111 (Thursday, June 8, 2000)]
[Rules and Regulations]
[Page 36327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14476]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1630


Interpretive Guidance on Title I of the Americans with 
Disabilities Act

AGENCY: Equal Employment Opportunity Commission.

ACTION: Final rule.

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SUMMARY: This rule rescinds several sentences of the Equal Employment 
Opportunity Commission's (EEOC) Interpretive Guidance on Title I of the 
Americans with Disabilities Act that address mitigating measures used 
by persons with impairments. This action is necessary as a result of 
recent Supreme Court rulings.

EFFECTIVE DATE: June 8, 2000.

FOR FURTHER INFORMATION CONTACT: Christopher J. Kuczynski, Assistant 
Legal Counsel, ADA Division, Office of Legal Counsel, or Sharon 
Rennert, Senior Attorney Advisor, ADA Division, Office of Legal 
Counsel. They can be reached at 202-663-4503. This final rule is also 
available in the following formats: large print, braille, electronic 
file on computer disk, and audio-tape. Copies may be obtained from the 
EEOC's Publication Center by calling 1-800-669-3362 (voice) or 1-800-
800-3302 (TDD).

SUPPLEMENTARY INFORMATION: The EEOC is rescinding several sentences of 
the Interpretive Guidance on Title I of the Americans with Disabilities 
Act, found in the Appendix to 29 CFR 1630.2(h) and (j), that address 
mitigating measures used by persons with impairments. The guidance set 
forth in those sentences is no longer valid in light of the Supreme 
Court's rulings in Sutton v. United Airlines, Inc., 527 U.S. 
____(1999), and Murphy v. United Parcel Service, Inc., 527 U.S.--
(1999). In those cases, the Supreme Court held that the determination 
of whether an individual has an impairment that substantially limits a 
major life activity under the ADA must be made by considering any 
mitigating measures (such as medications or assistive devices) that the 
individual uses to eliminate or reduce the effects of an impairment.

Regulatory Procedures

Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act (Public Law 96-
354, as amended by Public Law 104-121), the Commission has reviewed 
this regulation, and by approving it, certifies under 5 U.S.C. 605(b) 
that this regulation will not have a significant economic impact on a 
substantial number of small entities.

Executive Order 12866

    This rule is not a significant regulatory action as defined in 
Executive Order 12866 and is therefore not subject to review by the 
Office of Management and Budget.

List of Subjects in 29 CFR Part 1630

    Equal employment opportunity, Individuals with disabilities.

    For the Commission.
Ida L. Castro,
 Chairwoman.

    Accordingly, the Commission amends 29 CFR chapter XIV as follows:

PART 1630--[AMENDED]

    1. The authority citation for part 1630 continues to read as 
follows:

    Authority: 42 U.S.C. 12116.

Appendix to Part 1630 [Amended]

    2. Amend the Appendix to Part 1630 as follows:
    a. Section 1630.2(h) is amended by removing the second paragraph.
    b. Section 1630.2(j) is amended by removing the third, fourth, and 
fifth sentences of the sixth paragraph, and by removing ``, without 
regard to mitigating measures such as medicines, or assistive or 
prosthetic devices'' from the first sentence of the eighth paragraph.

[FR Doc. 00-14476 Filed 6-7-00; 8:45 am]
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