The U.S. Equal Employment Opportunity Commission

EEOC Office of Legal Counsel staff members wrote the following letter to respond to a request for public comment from a federal agency or department. This letter is an informal discussion of the noted issue and does not constitute an official opinion of the Commission.


ADA: FMLA; Reasonable Accommodation---Leave; Medical Exams and Inquiries

March 25, 2008

Richard M. Brennan
Senior Regulatory Office
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Room S-3502
200 Constitution Avenue, N.W.
Washington D.C. 20210

Re: FMLA NPRM: RIN 1215-AB35

Dear Mr. Brennan:

The Equal Employment Opportunity Commission (EEOC) submits this letter to the Department of Labor (DOL) in response to DOL’s proposal to revise the regulations implementing the Family and Medical Leave Act (FMLA). 73 Fed. Reg. 7876 (February 11, 2008).

As you know, the EEOC enforces the federal laws that prohibit employment discrimination, including Title I of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., which prohibits discrimination on the basis of disability, and Title VII of the Civil Rights Act of 1964, as amended (Title VII), 42 U.S.C. § 2000e et seq., which prohibits discrimination on the bases of race, color, religion, sex, and national origin. The EEOC also has responsibility under Executive Order 12067 to coordinate the federal government’s enforcement of laws, executive orders, regulations, and policies that require equal employment opportunity without regard to race, color, religion, sex, national origin, age or disability. 43 Fed. Reg. 28967 (July 5, 1978). The EEOC provides the following comments on discrete issues concerning the overlap between the FMLA and the ADA. The comments are listed in the bullets below.

Suggested Modifications to Preamble Discussion of FMLA and ADA

Other Comments

Please do not hesitate to contact me at 202-____, Peggy Mastroianni, Associate Legal Counsel, at 202-____, or Carol Miaskoff, Assistant Legal Counsel, at 202-____with any questions.

Sincerely,

/s/

Reed L. Russell
Legal Counsel


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