January 3, 2013
By Kara M. Maciel of Epstein Becker & Green
By Kara Maciel and Jordan Schwartz
As a reminder, January 31, 2013 is the deadline for hotels and other places of public accommodation to comply with the Americans with Disabilities Act’s (“ADA”) requirements set forth in the 2010 Standards for Accessible Design (“2010 Standards”) related to the provision of accessible entry and exit to existing swimming pools, wading pools and spas (including pool lifts).
As we explained here, although the effective date for the 2010 Standards was March 15, 2012, in response to public comments and concerns, the U.S. Department of Justice (“DOJ”) provided a 10-month grace period for compliance. This grace period will end on January 31, 2013. Our recent blog post explains the 2010 Standards’ requirements and sets forth what pool and spa owners and operators must do to ensure compliance with the law.
May 4, 2011
The Equal Employment Opportunity Commission (“EEOC”) recently issued the final Regulations interpreting the ADA Amendments Act of 2008 (“ADAAA”). The Regulations become effective on May 24, 2011. It has taken the EEOC over two (2) years from the effective date of the ADAAA (January 2009) to issue the regulations. The ADAAA and the Regulations are designed to change the focus of inquiries under the American with Disabilities Act of 1990 (“ADA”) from whether an individual’s impairment meets the definition of a “substantial impairment” that constitutes a disability, to issues of discrimination, qualifications, the interactive process, and reasonable accommodation.
The Regulations also lower the bar for finding a “substantial limitation,” and the Regulations take the position that an impairment need not last a particular length of time to qualify under the ADAAA –an impairment lasting less than six months can be “substantially limiting.” Most ADA claims will now focus on whether the employee is qualified for the job, whether a reasonable accommodation was offered, whether the employer engaged in the interactive process to discuss possible accommodations in good faith, and whether any employer action was caused by an individual’s disability, record of disability, or being regarded as disabled.
August 6, 2010
On July 26, 2010, the U.S. Department of Justice released new regulations under Title III of the Americans with Disabilities Act (ADA) on accessibility for places of public accommodation. “Places of public accommodation” are facilities operated by private entities whose operations affect commerce and fall within at least one of several categories that include a […]