ADA Amendments Act of 2008, Sample Interactive Process Questionnaire

The ADA Amendments Act of 2008 Takes Effect on January 1, 2009.

A sample interactive process questionnaire designed to be used when an employee with a disability requests an accommodation after the ADA Amendments Act of 2008 goes into effect (January 1, 2009) can be found in the HRTools Resource Center in the "Forms" section.

This questionnaire is designed to be used when an employee with a disability requests an accommodation after January 1, 2009, which is the date that the ADA Amendments Act becomes law. The ADA Amendments Act fundamentally alters the landscape of disability law and the reasonable accommodation process. At some point in the near future, the EEOC will publish new regulations impacting the reasonable accommodation process, which will likely require employers to modify this questionnaire.

According to the U.S. Equal Employment Opportunity Commission, "On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 ("ADA Amendments Act" or "Act"). The Act makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of EEOC's ADA regulations. The Act retains the ADA's basic definition of "disability" as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that these statutory terms should be interpreted in several ways."

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