Category: Disability

Amendments to the Regulations Implementing Title II and Title III of the Americans with Disabilities Act

Amendments to the regulations implementing Title II of the Americans with Disabilities Act (ADA), 28 CFR 35.101 et seq., which applies to public entities, went into effect on March 15, 2011. A public entity is defined in the regulations as: “(1) Any state or local government; (2) Any department, agency, special purpose district, or other instrumentality of a State or States or local government; and (3) The National Railroad Passenger Corporation, and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act).” See 28 CFR 35.104. On the same date, amendments to the regulations implementing Title III of the ADA, 28 CFR 36.101 et seq., which applies to public accommodations (including private businesses that fall within one of twelve categories established by the statute) and commercial facilities also went into effect.

Cancer in Remission is Disability under the ADAAA

In holding that an employee with cancer in remission is “disabled” under the expanded definition of “disability” in the Americans with Disabilities Act Amendments Act (“ADAAA”), a federal court has signaled a major change in the way courts have considered cases involving diseases that are in remission. The case is among the first in the nation to interpret the extent to which the Act broadens the scope of the conditions that may qualify as a “disability.” Specifically, the court addressed that portion of the ADAAA that defines “disability” to include “an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.”