Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/eeoc/adaeeoc1.ws

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Equal Employment Opportunity Commission

29 CFR Part 1630

Equal Employment Opportunity for Individuals with Disabilities


AGENCY: Equal Employment Opportunity Commission


ACTION: Final Rule

SUMMARY: On July 26, 1990, the Americans with Disabilities Act
(ADA) was signed into law.  Section 106 of the ADA requires that
the Equal Employment Opportunity Commission (EEOC) issue
substantive regulations implementing title I (Employment) within
one year of the date of enactment of the Act.  Pursuant to this
mandate, the Commission is publishing a new part 1630 to its
regulations to implement title I and sections 3(2), 3(3), 501,
503, 506(e), 508, 510, and 511 of the ADA as those sections
pertain to employment. New part 1630 prohibits discrimination
against qualified individuals with disabilities in all aspects of
employment.

EFFECTIVE DATE: July 26, 1992.

FOR FURTHER INFORMATION CONTACT: Elizabeth M. Thornton, Deputy
Legal Counsel, [phone] (voice), [phone] (TDD) or
Christopher G. Bell, Acting Associate Legal Counsel for Americans
with Disabilities Act Services, [phone] (voice), (202)
663- 7026. Copies of this final rule and interpretive appendix
may be obtained by calling the Office of Communications and
Legislative Affairs at [phone]. Copies in alternate
formats may be obtained from the Office of Equal Employment
Opportunity by calling (202) 663- 4398 or [phone] (voice)
or [phone] (TDD). The alternate formats available are:
large print, braille, electronic file on computer disk, and
audio-tape.

SUPPLEMENTARY INFORMATION:

                       Rulemaking History

The Commission actively solicited and considered public comment
in the development of part 1630.  On August 1, 1990, the
Commission published an advance notice of proposed rulemaking
(ANPRM), 55 FR 31192, informing the public that the Commission
had begun the process of developing substantive regulations
pursuant to title I of the ADA and inviting comment from
interested groups and individuals.  The comment period ended on
August 31, 1990.  In response to the ANPRM, the Commission
received 138 comments from various disability rights
organizations, employer groups, and individuals.  Comments were
also solicited at 62 ADA input meetings conducted by Commission
field offices throughout the country.  More than 2400
representatives from disability rights organizations and employer
groups participated in these meetings.

On February 28, 1991, the Commission published a notice of
proposed rulemaking (NPRM), 56 FR 8578, setting forth proposed
part 1630 for public comment.  The comment period ended April 29,
1991.  In response to the NPRM, the Commission received 697
timely comments from interested groups and individuals.  In many
instances, a comment was submitted on behalf of several parties
and represented the views of numerous groups, employers, or
individuals with disabilities.  The comments have been analyzed
and considered in the development of this final rule.


                     Overview of Regulations

The format of part 1630 reflects congressional intent, as
expressed in the legislative history, that the regulations
implementing the employment provisions of the ADA be modeled on
the regulations implementing Section 504 of the Rehabilitation
Act of 1973, as amended, 34 CFR part 104.  Accordingly, in
developing part 1630, the Commission has been guided by the
Section 504 regulations and the case law interpreting those
regulations.

It is the intent of Congress that the regulations implementing
the ADA be comprehensive and easily understood.  Part 1630,
therefore, defines terms not previously defined in the
regulations implementing Section 504 of the Rehabilitation Act,
such as "substantially limits," "essential functions," and
"reasonable accommodation."  Of necessity, many of the
determinations that may be required by this part must be made on
a case-by-case basis. Where possible, part 1630 establishes
parameters to serve as guidelines in such inquiries.

The Commission is also issuing interpretive guidance concurrently
with the issuance of part 1630 in order to ensure that qualified
individuals with disabilities understand their rights under this
part and to facilitate and encourage compliance by covered
entities.  Therefore, part 1630 is accompanied by an Appendix.
This Appendix represents the Commission's interpretation of the
issues discussed, and the Commission will be guided by it when
resolving charges of employment discrimination.  The Appendix
addresses the major provisions of part 1630 and explains the
major concepts of disability rights.  Further, the Appendix cites
to the authority, such as the legislative history of the ADA and
case law interpreting Section 504 of the Rehabilitation Act, that
provides the basis and purpose of the rule and interpretative
guidance.

More detailed guidance on specific issues will be forthcoming in
the Commission's Compliance Manual.  Several Compliance Manual
sections and policy guidances on ADA issues are currently under
development and are expected to be issued prior to the effective
date of the Act.  Among the issues to be addressed in depth are
the theories of discrimination; definitions of disability and of
qualified individual with a disability; reasonable accommodation
and undue hardship, including the scope of reassignment; and
pre-employment inquiries.

To assist us in the development of this guidance, the Commission
requested comment in the NPRM from disability rights
organizations, employers, unions, state agencies concerned with
employment or workers compensation practices, and interested
individuals on specific questions about insurance, workers'
compensation, and collective bargaining agreements.  Many
commenters responded to these questions, and several commenters
addressed other matters pertinent to these areas.  The Commission
has considered these comments in the development of the final
rule and will continue to consider them as it develops further
ADA guidance.

In the NPRM, the Commission raised questions about a number of
insurance-related matters.  Specifically, the Commission asked
commenters to discuss risk assessment and classification, the
relationship between "risk" and "cost," and whether employers
should consider the effects that changes in insurance coverage
will have on individuals with disabilities before making those
changes. Many commenters provided information about insurance
practices and explained some of the considerations that affect
insurance decisions.  In addition, some commenters discussed
their experiences with insurance plans and coverage.  The
commenters presented a wide range of opinions on
insurance-related matters, and the Commission will consider the
comments as it continues to analyze these complex matters.

The Commission received a large number of comments concerning
inquiries about an individual's workers' compensation history.
Many employers asserted that such inquiries are job related and
consistent with business necessity.  Several individuals with
disabilities and disability rights organizations, however, argued
that such inquiries are prohibited pre-employment inquiries and
are not job related and consistent with business necessity.   The
Commission has addressed this issue in the interpretive guidance
accompanying section 1630.14(a) and will discuss the matter
further in future guidance.

There was little controversy about the submission of medical
information to workers' compensation offices.  A number of
employers and employer groups pointed out that the workers'
compensation offices of many states request medical information
in connection with the administration of second-injury funds.
Further, they noted that the disclosure of medical information
may be necessary to the defense of a workers' compensation claim.
The Commission has responded to these comments by amending the
interpretive guidance accompanying section 1630.14(b).  This
amendment, discussed below, notes th