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This shift in our workplace culture presents employment opportunities for disabled people that they may not have had in the past, even with the Americans with Disabilities Act (ADA). The ADA was enacted in 1990 to guarantee disabled people “ equality of opportunity, full participation, independent living, and economic self-sufficiency.”
HHS is proposing to amend the regulation to clarify the obligations imposed on programs and activities that receive FFA, and to improve consistency with the Americans with Disabilities Act of 1990 (the “ADA”), the ADA Amendments Act of 2008 (the “ADAAA”), amendments to the Rehabilitation Act, and significant case law.
Early in the pandemic, the EEOC issued guidance in the form of FAQs on “ What You Should Know About COVID-19, the ADA, Rehabilitation Act and Other EEO Laws ” and has periodically updated that guidance as circumstances have changed. The ADA requires that such exams and inquiries be “job-related and consistent with business necessity.”
Consider, for example, flexible work-from-home policies ; expanded federal proclamations that the Americans with Disabilities Act (ADA) is broad enough to cover individuals with, recovering from, or regarded as disabled because of COVID-19 or long-COVID; and efforts to prioritize and normalize mental health care.
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