Legislative Updates

From Jean Jones
DVR/DVS Legislative Information Representative

2009 ~ 2008 ~ 2007

June 19, 2008

Americans with Disabilities Act Restoration Breakthrough

On Wednesday, June 18th, the ADA Amendments Act of 2008, H.R. 3195, was passed by the House Committee on Education and Labor by a vote of 43-1. The Committee adopted an amendment in the form of a substitute bill which reflected a compromise agreement finally reached between the business and disability communities. The compromise clarifies the definition of disabilities covered under the ADA while restoring anti-discriminating protections that have been weakened by U.S. Supreme Court decisions.

Also on June 18, the House Judiciary Committee passed the same amended bill on a 27-0 vote. H.R.. 3195 must also clear the House Transportation and Infrastructure and House Energy and Commerce Committees. In the Senate, the bill is S. 1881. House authors are Rep. Steny Hoyer (D-MD) and Rep. James Sensenbrenner (R-WI). Senate authors are Sen. Tom Harkin (D-IA) and Sen. Arlen Specter (R-PA). As amended, H.R. 3195

Specifically rejects the erroneous Supreme Court decisions that have reduced the protections for people with disabilities under the ADA, restoring original Congressional intent.

Makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability.

Clarifies the definition of disability, including what it means to be “substantially limited in a major life activity.”

Prohibits the consideration of mitigating measures such as medication, prosthetics, and assistive technology, in determining whether an individual has a disability.

Provides coverage to people who experience discrimination based on a perception of impairment regardless of whether the individual experiences disability.

Is supported by a broad coalition of civil rights groups, disability advocates, and employer trade organizations.
Background (from the Education and Labor website):

The Americans with Disabilities Act of 1990 was intended to “provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” The ADA has transformed our nation since its enactment, helping millions of Americans with disabilities succeed in the workplace, and making transportation, housing, buildings, services and other elements of daily life more accessible to individuals with disabilities.

Just as other civil rights laws prohibit employers from basing decisions on characteristics like race or sex, Congress wanted the ADA to stop employers from making decisions based on disability.

Unfortunately, since 1999, several U.S. Supreme Court decisions have narrowed the definition of disability so much that people with serious conditions such as epilepsy, muscular dystrophy, cancer, diabetes, and cerebral palsy have been determined to not have impairments that meet the definition of disability under the ADA.

The result: In 2004, plaintiffs lost 97% of ADA employment discrimination claims, often due to the interpretation of definition of disability. People who are not hired or are fired because an employer mistakenly believes they cannot perform the job – or because the employer does not want “people like that” in the workplace – have been denied protection from employment discrimination due to these court decisions. This was not the intent of the ADA.

Support for H.R. 3195:

NATIONAL:
American Association of People with Disabilities (AAPD)
AARP
AARP Foundation
ADA Watch/National Coalition for Disability Rights
American Council of the Blind
American Diabetes Association
American Foundation for the Blind
American Network of Community Options and Resources
American Psychological Association
APSE: The Network on Employment
Association of Assistive Technology Act Programs (ATAP)
Association of Programs for Rural Independent Living (APRIL)
Association of University Centers on Disabilities (AUCD)
Autism Society of America
Bazelon Center for Mental Health Law
Brain Injury Association of America
Care4Dystonia, Inc.
Children and Adults with Attention-Deficit/Hyperactivity Disorder
Council for Learning Disabilities
Council of State Administrators of Vocational Rehabilitation (CSAVR)
Division on Developmental Disabilities
Easter Seals
Epilepsy Foundation
Hearing Loss Association of America
HR Policy Association
International Franchise Association
Leadership Conference on Civil Rights
Learning Disabilities of the Council for Exceptional Children
Mental Health America!
National Alliance on Mental Illness (NAMI)
National Association of Community Health Charities
National Association of Councils on Developmental Disabilities
National Association of the Deaf
National Association of Governors’ Committees on People with Disabilities (NAGC)
National Association of Law Students with Disabilities
National Association of Manufacturers
National Association of State Head Injury Administrators
National Center for Environmental Health Strategies, Inc.
National Coalition of Mental Health Consumer Survivor Organizations
National Council for Community Behavioral Healthcare
National Council for Support of Disability Issues
National Council on Independent Living (NCIL)
National Disability Rights Network (NDRN)
National Down Syndrome Congress
National Down Syndrome Society
National Health Council
National Multiple Sclerosis Society
National Organization on Fetal Alcohol Syndrome (NOFAS)
National Rehabilitation Association
National Respite Coalition
National Restaurant Association
National Spinal Cord Injury Association
National Vocational Evaluation and Career Assessment Professionals (VECAP)
National Youth Leadership Network
Paralyzed Veterans of America
Self Advocates Becoming Empowered
Society for Human Resource Management
TASH
The Arc of the United States
United Cerebral Palsy
U.S Chamber of Commerce
US Psychiatric Rehabilitation Association
United Spinal Association
United Synagogue of Conservative Judaism