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Tag Archives: disability

Employment Law and Your HOA

New Federal Regulations Covering Disabled Employees Will Affect Greater Numbers of Associations

By: Mark A. Trank, Esq.

On March 25, 2011, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final revised Americans with Disabilities Act (ADA) regulations in order to implement the ADA Amendments Act of 2008. These new regulations will affect virtually...

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Employment Law and Your HOA

New Federal Regulations Covering Disabled Employees Will Affect Greater Numbers of Associations

By: Mark A. Trank, Esq.

On March 25, 2011, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final revised Americans with Disabilities Act (ADA) regulations in order to implement the ADA Amendments Act of 2008. These new regulations will affect virtually all associations that employ 15 or more individuals, since they are covered under the ADA.

The ADA Amendments Act made important changes to the definition of the term “disability” by rejecting the holdings in several U.S. Supreme Court decisions. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.

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Departments of Housing and Urban Development and Justice Release New Guidance on ‘Reasonable Modifications’ Under the Fair Housing Act

New guidance released  this week by the Departments of Housing and Urban Development (HUD) and Justice (DOJ) reinforced the right of persons with disabilities to make  “reasonable modifications” to their dwellings if a structural change to their dwelling or to a common area of the building or complex in which they  live is needed so that they can fully enjoy the premises. 
 
     The guidance is designed to help housing providers and homeowners’ associations better understand their obligations and help persons with disabilities better understand their rights regarding the “reasonable
modifications” provision of the federal Fair Housing Act (FHA). 

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