The Food Marketing Institute (“FMI”) and the members that we represent appreciate the opportunity to respond to the Equal Employment Opportunity Commission’s (“EEOC’s”) request for comments on the proposed rule to implement the equal employment provisions of the Americans with Disabilities Act (“ADA”), as amended by the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”). 74 Fed. Reg. 48431 (Sept. 23, 2009). FMI supported the ADAAA. However, as discussed more fully below, we are concerned with the way in which the EEOC has interpreted some of the ADAAA’s provisions in the proposed rule.
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