lda alert

[Guest guest]

Comments regarding Regulations To Implement the Equal Employment

Provisions of the Americans With Disabilities Act, as Amended (Document ID

EEOC-2009-0012-0001)

Thank you for the opportunity to comment on the Equal Employment Opportunity

Commission's proposed regulations to the Americans with Disabilities Act

Amendment Act (ADAAA). Iappreciate the Commission's effort to produce

regulations in accordance with Congress' clear direction that the standards

for determining disability be construed in favor of broad coverage and not

demand an extensive analysis. I urge the Commission to consider the

recommendations offered below, which I believe are necessary to ensure

regulatory compliance with congressional intent.

Recommendation 1:

Replace the three lists of impairments (Impairments that Will Consistently

Meet the Definition of a Disability at § 1630.2 (j)(5); Impairments that May

Be Disabling for Some Individuals But Not for Others at § 1630.2 (j)(6); and

Impairments that Are Usually Not Disabilities at § 1630.2 (j)(8) with two

lists of impairments:

o Impairments that are " consistently " disabilities. This list will

combine the proposed lists of Impairments that Will Consistently Meet the

Definition of a Disability at § 1630.2 (j)(5) and Impairments that May Be

Disabling for Some Individuals But Not for Others (including " specific

learning disabilities') and,

o Impairments that are " consistently not " disabilities. This list

will include the proposed list of Impairments that Are Usually Not

Disabilities.

Recommendation 2:

Add attention-deficit/hyperactivity disorder (AD/HD) to the listing of

impairments that will " consistently " result in a determination that the

person is substantially limited in a major life activity.

Rationale: In order to receive a clinical diagnosis for SLD and/or AD/HD,

consistent with accepted practice, one would have to be substantially

limited in a major life activity. Therefore, these conditions should be

included in any list that provides examples of impairments that would

consistently meet the definition of disability and a determination of

substantially limiting.

The list of " Impairments that May Be Disabling for Some Individuals But Not

for Others " is likely to suggest negative inferences about the severity of

the impairments on the list - such as specific learning disabilities and

AD/HD - and will undoubtedly result in the very type of extensive analysis

that Congress intended to eliminate in the ADAAA.

The changes recommended above will help ensure that people with learning

disabilities and AD/HD will benefit from the expanded coverage intended by

the ADAAA.

Thank you for considering my comments.

________________________

Thank you for your quick attention to this alert!

The Learning Disabilities Association of America (LDA) is a grassroots,

non-profit organization of 30,000 members including individuals with

learning disabilities, their families, and the professionals who work with

them. Organized in 1963, LDA has 250 state and local affiliates, in 43

States and Puerto Rico.

LDA is dedicated to identifying causes and promoting prevention of learning

disabilities and to enhancing the quality of life for all individuals with

learning disabilities and their families by encouraging effective

identification and intervention, fostering research, and protecting their

rights under the law.

LDA seeks to accomplish this through awareness, advocacy, empowerment,

education, service and collaborative efforts.

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