Immigration Practice Group

ATTENTION EMPLOYERS: Make Sure Your Company Complies with the Equal Employment Opportunity Commission’s Regulations under ADA Amendments Act

Employers must be proactive in their efforts to comply with the Amendments Act and the EEOC’s implementing regulations. This spring, the Equal Employment Opportunity Commission published regulations implementing the ADA Amendments Act of 2008 (“Amendments Act”).  The purpose of the Amendments Act is to broaden the scope of coverage and make it easier for individual employees to obtain protection under the ADA.  The EEOC’s implementing regulations are intended to reinforce this purpose and shift the burden to employers – to ensure they are engaging in an interactive process and accommodating employees with disabilities.

An employer must be able to show that they were engaged in meaningful processes to hear, understand and to provide any and all reasonable accommodations for disabled employees. In most cases, employers need to revise their current policies and practices to ensure compliance.  Failure to do so could be costly to an employer.

As the linked article below demonstrates, the EEOC is taking a hard stance on determining whether or not companies are taking the appropriate steps to accommodate disabled employees.

EEOC Article

It’s important to make sure your company complies with these regulations could save your business money and prevent employees from pursuing litigation.  For more information about the Amendments Act, visit our special ADA compliance web page.

This publication is for general information only.It is not legal advice, and legal counsel should be contacted before any action is taken which might be influenced by this publication.

Established in 1925, Gunster Yoakley is one of Florida’s oldest and largest full-service law firms.  Its substantial and diversified practice serves an extensive client base of international, national and local businesses, institutions, local governments and prominent individuals.  The firm maintains a strong presence in Florida with offices in Fort Lauderdale, Miami, Palm Beach, Stuart, Vero Beach, West Palm Beach, Jacksonville, and Tallahassee. Gunster Yoakley is home to more than 160 attorneys and 329 employees, providing counsel to clients through 18 practice groups including corporate, immigration, employment, technology and emerging companies, tax, banking and financial services,  real estate, land use and environmental, business litigation, and private wealth services.

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