42 U.S.C. § 12116

Regulations

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Not later than 1 year after July 26, 1990, the Commission shall issue regulations in an accessible format to carry out this subchapter in accordance with subchapter II of chapter 5 of title 5.

Notes of Decisions
Cited in 109 cases (7 in the last 5 years), 1993–2025 · leading case: Gonzales v. Oregon, 546 U.S. 243 (2006).
Gonzales v. Oregon, 546 U.S. 243 (2006). · cites it 2× “to carry out this subchapter," 42 U.S.C. § 12116 , and the section of the statute defining "disability" was in a different subchapter.”
Bragdon v. Abbott, 524 U.S. 624 (1998). · cites it 2× “See 42 U. S. C. § 12116 (authorizing EEOC to issue regulations implementing Title I);§ 12134(a) (authorizing the Attorney General to issue regulations implementing the public services provisions of Title II, subtitle A); §§ 12149, 12164, 12186 (authorizing the Secretary of…”
Exby-Stolley v. Bd. of Cnty. Commissioners, 979 F.3d 784 (10th Cir. 2020). · cites it 2× “See 42 U.S.C. § 12116 ; 29 C.F.R. §§ 1630 .1–.”
Olmstead v. L.C., 527 U.S. 581 (1999). · cites it 2× “Congress instructed the Equal Employment Opportunity Commission (EEOC) to issue regulations implementing Title I, see 42 U. S. C. § 12116 ; the EEOC, the Attorney General, and persons alleging discrimination on the basis of disability in violation of Title I may enforce its…”
Albertson's, Inc. v. Kirkingburg, 527 U.S. 555 (1999). · cites it 2× “[15] This appears to be the position taken by the EEOC in the Interpretive Guidance promulgated under its authority to issue regulations to carry out Title I of the ADA, 42 U. S. C. § 12116 , see 29 CFR pt. 1630, App.”
Karen Shields v. Credit One Bank, N.A., 32 F.4th 1218 (9th Cir. 2022). · cites it 2× “Section 106 of the ADA has long granted the EEOC authority to “issue regulations” to “carry out” Title I of the ADA, see 42 U.S.C. § 12116 , and as Curley noted, the EEOC invoked that authority in issuing regulations elaborating on the definition of “disability” in the…”
Adem A. Albra v. Advan, Inc., 490 F.3d 826 (11th Cir. 2007). “Although Congress delegated authority to the EEOC to implement Subchapter I of the ADA, see 42 U.S.C. § 12116 , the ADA’s anti-retaliation provision, § 12203, is outside of Subchapter I, and the Supreme Court has stated that “[n]o agency .”
Edward R. Williams Angelynne Williams, H/w v. Philadelphia Hous. Auth. Police Dep't, Edward R. Williams, 380 F.3d 751 (3rd Cir. 2004). “See 42 U.S.C. § 12116 (requiring the EEOC to implement said Regulations); 29 C.”
Den Hartog v. Wasatch Academy, 129 F.3d 1076 (10th Cir. 1997). · cites it 2× “Pursuant to its statutory authority to issue regulations to carry out the ADA, 42 U.S.C. § 12116 (1994), the Equal Employment Opportunity Commission (“EEOC”) has further refined the definition of “disability” to mean “any mental or psychological disorder, such as .”
Cynthia A. Ebbert v. Daimlerchrysler Corp., 319 F.3d 103 (3rd Cir. 2003). · cites it 2× “2 (2002), defining “regarded as” being disabled because 42 U.S.C. § 12116 (2000) delegated authority to the EEOC to implement Title I of the ADA.”
Chevron U. S. A. Inc. v. Echazabal, 536 U.S. 73 (2002). “In seeking deference to the agency, it argues that nothing in the statute unambiguously precludes such a defense, while the regulation was adopted under authority explicitly delegated by Congress, 42 U.”
Little v. Texas Dep't of Crim. Just., 148 S.W.3d 374 (Tex. 2004). “’ Yet, we have never given the regulations Chevron deference, and recent decisions of the Supreme Court strongly suggest that the regulations are not entitled to such deference, because Congress delegated the authority to implement Title I of the ADA, which regulates employment,…”
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