Thursday, April 10, 2014

MAYDAY MAYDAY: proposed changes to ADA law NOT GOOD for ehs, etc.

MAYDAY MAYDAY: proposed changes to ADA law NOT GOOD for ehs, etc.

IMPORTANT FEDERAL Gov. DOJ MOVE TO LIMIT ADA, likely for electro-sensitive people, possibly for multiple chemically sensitives and others:


The DOJ (the place a person goes to make an ADA accommodation complaint about smart meters, etc.) is making a tricky move to change and likely limit ADA accommodations. (incrementally, first with change of terminology and wording, next, who knows?)


See the following links to try to understand this move. Comment period has ended. But people need to know. Can we DO anything?



Most of the "changes" simply echo the 2008 ADA Amendments Act. BUT OTHER MOVES ARE TROUBLING (see highlighted below)


They are using Title 1 as the model to "harmonize" Titles 2 and 3. But Title 1 only applies to employment. Will this limit Title 2 and 3 to employment access ONLY?



to see comments:


to see document:



Notice of proposed rulemaking.


The Department of Justice (Department) is issuing this Notice of Proposed Rulemaking (NPRM) to amend its Americans with Disabilities Act (ADA) regulations in order to incorporate the statutory changes to the ADA set forth in the ADA Amendments Act of 2008 (ADA Amendments Act or the Act), which took effect on January 1, 2009. Congress enacted the ADA Amendments Act in order to revise the ADA definition of “disability” and to ensure that the definition is broadly construed and applied without extensive analysis. In this NPRM, the Department is proposing to add new sections to its title II and title III ADA regulations at 28 CFR parts 35 and 36, respectively, to provide detailed definitions of “disability” and to make consistent changes in other sections of the regulations. The ADA Amendments Act authorizes the Attorney General to issue regulations consistent with the Act that implement the definitions of “disability” in sections 3 and 4 of the Act, including the rules of construction set forth in section 3. The Department invites written comments from members of the public on this proposed rule.


"The (NEW UNPRECEDENTED) term “actual disability” is used in these rules of construction as short-hand terminology to refer to an impairment that substantially limits a major life activity within the meaning of the first prong of the definition of disability. See§§ 35.108(a)(1)(i); 36.105(a)(1)(i). The terminology selected is for ease of reference. It is not intended to suggest that an individual with a disability who is covered under the first prong has any greater rights under the ADA than an individual who is covered under the “record of” or “regarded as” prongs, with the exception that the ADA, as amended, expressly states that an individual who meets the definition of disability solely under the “regarded as” prong is not entitled to reasonable modifications of policies, practices, or procedures. See 42 U.S.C. 12201(h)"

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