On August 11, the Department of Justice (DOJ) issued final rule RIN 1190-AA59 which amends current regulations implementing the Americans with Disabilities Act (ADA) to incorporate statutory changes to the law that went into effect on January 1, 2009. Congress enacted the ADA Amendments Act in 2008 to restore the understanding that the definition of "disability" should be broadly construed and applied without extensive analysis. In the final rule, the DOJ adds new sections to Title II and Title III ADA regulations to clarify the proper meaning and interpretation of the definition of "disability" and to make other related changes required by the ADA Amendments Act.
ANCOR is in the process of reviewing the final rule and will provide a more complete analysis in the future. The initial read of the rule by the Consortium for Citizens with Disabilities (CCD) Rights Task Force is that the final rule incorporates many of the recommendations made by CCD and overall strengthens protections under the ADA for people with disabilities. The rule will take effect on October 11, 2016.