Final rule could bring more ADA accommodation requests

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Senior living operators and other employers soon may see a greater number of requests for accommodations made under the Americans with Disabilities Act, according to one industry association.

The Justice Department on Wednesday published a final rule designed to help employers and others interpret and apply its Americans with Disabilities Act Title II and Title III regulations to implement the requirements of the ADA Amendments Act of 2008, or ADAAA. The rule is effective Oct. 10.

The ADAAA already is in effect and applies to entities covered under Title II and III of the ADA, the Justice Department pointed out. The rule, however, “sets forth clear new rules, new examples and detailed guidance to ensure that courts, covered entities and people with disabilities better understand the ADAAA,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department's Civil Rights Division.  

Lilly Hummel, senior director of policy for the National Center for Assisted Living, told McKnight's Senior Living: “Senior living operators, like all employers, will want to review their labor policies and consult legal counsel to ensure compliance, as the changes could affect their business operations. Since this rule codifies a broader interpretation of who qualifies for ADA coverage, any employer could see a greater number of requests for accommodations.”

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