There seems to be some stirring on the legal front regarding the ADA Restoration Act of 2007.
According to this Human Resources Executive Online article,
a compromise is in the works
between advocates for disability rights and the business community. These represent the two factions in the legal tug of war that has been going on in Congress as the lawmakers attempt to retool the Americans with Disabilities Act.
While the fine points are still subject to change, it is good to see that things are progressing. Two of the biggest sticking points for employers have been the language of the proposed change in defining the criteria for a qualified disability and the use of mitigating devices, such as hearing aids . I'm glad to see that these have apparently been worked out.
The following information is from the article:
The proposed language, which could still change, would redefine "disability" to be any actual, past or perceived physical or mental impairment that "substantially limits a major life activity" and then defines this phrase to mean "materially restricts a major life activity," according to details released by the American Association of People with Disabilities.
The proposal also includes a non-exhaustive list of covered major life activities, and defines the operation of major bodily functions as a covered major life activity.
According to the language released, the proposed compromise:
* States that mitigating measures should not be considered when determining whether an impairment materially restricts an individual's major life activity, including medical devices, assistive technology, behavior adaptations, reasonable accommodation or auxiliary aids. This would reverse the ruling in the Sutton vs. United Airlines decision by the U.S. Supreme Court that "mitigating measures" should be taken into account when determining whether a plaintiff is disabled.
* Excludes minor impairments and impairments with an actual or expected duration of six months or less as disabilities.
* States that employers would not need to provide reasonable accommodations to employees they regard as disabled.
* Includes a section with examples of major life activities such as caring for oneself, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. The high court, in Toyota vs. Williams, ruled a disability must "substantially limit [an individual's] daily life activities," not just abilities at work. The case involved the inability of an assembly worker with carpal tunnel syndrome to do her job.
Both Michael Layman, manager of employee and labor relations for the Society for Human Resources Management, and Michael Imparato, AAPD CEO and president, say technical details are still being worked out, but they are confident a compromise will be reached soon, possibly within two weeks.
"We know the clock is ticking and we want to move forward with a deal," Layman says. "We are close to coming up with a proposal that will be fair to both employers and employees."
Showing posts with label ADA Restoration Act of 2007. Show all posts
Showing posts with label ADA Restoration Act of 2007. Show all posts
Monday, June 02, 2008
Thursday, February 21, 2008
Disability rights advocate Bender speaks up for passage of ADA Restoration Act
There is an interesting article by Joyce Bender, titled
The waiting Game Must End for People with Disabilities,
which was just published in
The Cutting Edge News.
In this well-crafted opinion piece, Bender draws upon the writings of Martin Luther King, Jr. to link the civil rights movement to the disability rights movement. Once that connection is established, she skillfully transitions to make the argument for people with disabilities to be active participants in seeing through passage of the ADA Restoration Act of 2007.
Her call to action reads:
“In his book, “Why We Can’t Wait,” Martin Luther King, Jr. said, “the Negro had been an object of sympathy and wore the scars of deep grievances, but the nation had come to count on him as a creature who could quietly endure, silently suffer, and patiently wait. He was well trained in service and, whatever the provocation, he neither pushed back or spoke back.” This sounds familiar to me. This is the attitude of many of us in the disability community. We in the disabilities community just sit back and wait. We have waited now for almost 20 years. “
She then strongly encourages the affected population to find their voice by getting registered to vote, as well as contacting their Representatives and Senators in Washington D.C., to promote passage of the ADA Restoration Act.
Joyce Bender, a widely recognized disability rights advocate, is the President and CEO of
Bender Consulting,
A technology consulting firm, specializing in creating competitive employment and career opportunities for people with disabilities.
The waiting Game Must End for People with Disabilities,
which was just published in
The Cutting Edge News.
In this well-crafted opinion piece, Bender draws upon the writings of Martin Luther King, Jr. to link the civil rights movement to the disability rights movement. Once that connection is established, she skillfully transitions to make the argument for people with disabilities to be active participants in seeing through passage of the ADA Restoration Act of 2007.
Her call to action reads:
“In his book, “Why We Can’t Wait,” Martin Luther King, Jr. said, “the Negro had been an object of sympathy and wore the scars of deep grievances, but the nation had come to count on him as a creature who could quietly endure, silently suffer, and patiently wait. He was well trained in service and, whatever the provocation, he neither pushed back or spoke back.” This sounds familiar to me. This is the attitude of many of us in the disability community. We in the disabilities community just sit back and wait. We have waited now for almost 20 years. “
She then strongly encourages the affected population to find their voice by getting registered to vote, as well as contacting their Representatives and Senators in Washington D.C., to promote passage of the ADA Restoration Act.
Joyce Bender, a widely recognized disability rights advocate, is the President and CEO of
Bender Consulting,
A technology consulting firm, specializing in creating competitive employment and career opportunities for people with disabilities.
Thursday, January 31, 2008
Not everybody is working for passage of the ADA Restoration Act of 2007
Just because you feel passionately about the Americans with Disabilities Act and are optimistic about the passage of the ADA Restoration Act of 2007 doesn’t mean that somebody isn’t out there working against what you are hoping will be passed into law.
If you’ve not been keeping up, there are organized efforts working just as hard to stop the passage of H.R. 3195. Some of this work is very direct, while other work is a bit more subtle.
The Washington D.C. conservative think tank, The Heritage Foundation just published a position paper outlining why they feel that the
ADA Restoration Act undermines the employer-employee relationship.
Also, the Society for Human Resource Managers
(SHRM) has called the ADA Restoration Act a bad idea
and has sent out an action alert to its members. This alert is calling for SHRM members to contact their representatives and urge them to vote against the resolution.
If you watched the Republican debate on CNN last night, then you might have noticed that SHRM was one of the sponsors. Remember what I said about the Republican View in my post yesterday? It seems that SHRM noticed it too and is working to promote the cause through the sponsorship of the debate.
George Lenard, A St. Louis labor and employment lawyer
challenges SHRM’s alarmist alert
on his blog and also offers a seasoned labor attorney’s perspective on the pending bill.
There are more web sites than these out there taking a stand against the ADA Restoration Act, but I wanted to share these to point ut that the passage of this legislation is not a slam dunk by any means. While it may make perfect sense to you and I, the conservative, pro-business side is fighting it tooth and nail. Rest assured that there are organized steps being pursued to follow up on their wishes. That means you need to do more than just sit back and pray that this bill will pass. Take action. If you want to see this pass, then you need to contact your representative and let him/her know how you feel.
If you’ve not been keeping up, there are organized efforts working just as hard to stop the passage of H.R. 3195. Some of this work is very direct, while other work is a bit more subtle.
The Washington D.C. conservative think tank, The Heritage Foundation just published a position paper outlining why they feel that the
ADA Restoration Act undermines the employer-employee relationship.
Also, the Society for Human Resource Managers
(SHRM) has called the ADA Restoration Act a bad idea
and has sent out an action alert to its members. This alert is calling for SHRM members to contact their representatives and urge them to vote against the resolution.
If you watched the Republican debate on CNN last night, then you might have noticed that SHRM was one of the sponsors. Remember what I said about the Republican View in my post yesterday? It seems that SHRM noticed it too and is working to promote the cause through the sponsorship of the debate.
George Lenard, A St. Louis labor and employment lawyer
challenges SHRM’s alarmist alert
on his blog and also offers a seasoned labor attorney’s perspective on the pending bill.
There are more web sites than these out there taking a stand against the ADA Restoration Act, but I wanted to share these to point ut that the passage of this legislation is not a slam dunk by any means. While it may make perfect sense to you and I, the conservative, pro-business side is fighting it tooth and nail. Rest assured that there are organized steps being pursued to follow up on their wishes. That means you need to do more than just sit back and pray that this bill will pass. Take action. If you want to see this pass, then you need to contact your representative and let him/her know how you feel.
Wednesday, January 30, 2008
House committee reviews case of ADA Restoration Act of 2007
If you didn’t already know, the U.S. House of Representatives’ Committee on Education and Labor had a hearing on the ADA Restoration Act of 2007 (H.R. 3195) yesterday. For details of the hearing, go to the
committee’s official press release site.
The committee hearing is part of the review process of the legislation, which is seeking to reaffirm the original intent of the Americans with Disabilities Act.
Included in the report are testimony excerpts from Carey McClure, Andrew Imparato, and Robert Burgdorf.
McClure spoke about how General Motors revoked their initial job offer to him, due to his muscular dystrophy. The courts supported GM’s position, citing that McClure had adapted his activities of daily living sufficient enough so that he was no longer considered disabled, and thus, not covered by the ADA.
Imparato is the president and CEO of the American Association of People with Disabilities and spoke on the progressive trend of courts stripping away the beacon of hope that the original ADA was to people with disabilities.
Burgdorf is a law professor at the University of the District of Columbia and addressed the factual statistics that support Imparato’s allegations.
For party contrast, you may also want to review the
Republican view,
As the tone of that press release leans in a different direction than that which is in the first report.
It is good to finally see this legislation working its way through the system. We can only hope that the good and common sense of Congress triumphs over the prevailing system of Washington lobbyists dollars being used to push their agendas.
committee’s official press release site.
The committee hearing is part of the review process of the legislation, which is seeking to reaffirm the original intent of the Americans with Disabilities Act.
Included in the report are testimony excerpts from Carey McClure, Andrew Imparato, and Robert Burgdorf.
McClure spoke about how General Motors revoked their initial job offer to him, due to his muscular dystrophy. The courts supported GM’s position, citing that McClure had adapted his activities of daily living sufficient enough so that he was no longer considered disabled, and thus, not covered by the ADA.
Imparato is the president and CEO of the American Association of People with Disabilities and spoke on the progressive trend of courts stripping away the beacon of hope that the original ADA was to people with disabilities.
Burgdorf is a law professor at the University of the District of Columbia and addressed the factual statistics that support Imparato’s allegations.
For party contrast, you may also want to review the
Republican view,
As the tone of that press release leans in a different direction than that which is in the first report.
It is good to finally see this legislation working its way through the system. We can only hope that the good and common sense of Congress triumphs over the prevailing system of Washington lobbyists dollars being used to push their agendas.
Wednesday, November 14, 2007
Updated: Latest news about the ADA Restoration Act of 2007
The most pressing news to share today is that there is a celebration of support planned tomorrow in Washington D.C. to show solidarity for the Restoration of the Americans with Disabilities Act. Those gathered will also welcome back the Road to Freedom bus.
Senator Tom Harkin will join other supporters from 11 am – 1 pm at the U.S. Capitol to mark the return of the year-long, 50-state bus tour and traveling exhibit. In that year, the bus has logged more than 25,000 miles and made more than 100 bus stop events.
Then, to ice the cake, there is a Senate hearing on the ADA Restoration Act of 2007 at 2 pm.
Below are details from the news release:
When:
November 15, 2007
11:00 AM - 1:00 PM:
Bus and Exhibit of Disability Rights History, welcome from Senator Tom Harkin and Yoshiko Dart, Speakers including NCIL's John Lancaster, AAPD's Cheryl Sensenbrenner, AARP's Brewster Thackeray, CCD's Day Al-Mohamed, NDRN's Curt Decker, NCDR's Youth Advisory Committee Member Ari Ne'eman, NSCIA's Marcie Roth, ADA Watch's Jim Ward, Tom Olin and more.
2:00 PM: Senate Hearing on the ADA Restoration Act of 2007 in Room 430, Dirksen Senate Office Building
Where:
U.S. Capitol and National Mall at 3rd Street, NW
The Road To Freedom is a project of ADA Watch and the National Coalition for Disability Rights (NCDR), an alliance of hundreds of national, state and local disability, civil rights, and social justice organizations united to defend and promote the civil rights of children and adults with physical, mental,
cognitive, sensory and developmental disabilities.
For more information go to:
www.roadtofreedom.org
and for tour photos, go to:
http://adawatch.smugmug.com/gallery/2925333
Major sponsors of Road To Freedom educational activities include Open Society Institute, IndependenceFirst, AARP, AOL, Bruce Hornsby, Ted Leonsis Foundation, Dircks & Associates, Browser Media, Arizona Bridge to Independent Living, Christopher and Dana Reeve Paralysis Resource Center, Mitsubishi Electric America Foundation, Embassy of Austria, Embassy of Croatia, Democracy In Action, National Disability Rights Network, Sweet Honey In the Rock and more.
Special thanks to DC organizers Bobby Coward and Direct Action, DC Center for Independent Living, ENDependence Center of Northern Virginia, Freedom Center, Capitol Area ADAPT and more. Thanks also to ADAPT, National Council on Independent Living, Consortium of Citizens with Disabilities, American Association of People with Disabilities, National Association of Rights Protection and Advocacy, Mind Freedom International and our state and local organizers throughout the USA.
ADA Watch/National Coalition for Disability Rights
1201 Pennsylvania Avenue, NW, Suite 300
Washington, DC 20004
Update: 11/16/07
Day Al-Mohamed was present at the big day’s activities, and will be posting her comments about it on her
Day in Washington
web site,hopefully by this weekend.
Being these events were on Day’s home turf, and land squarely on her professional domain, I look forward to reading her impressions.
Senator Tom Harkin will join other supporters from 11 am – 1 pm at the U.S. Capitol to mark the return of the year-long, 50-state bus tour and traveling exhibit. In that year, the bus has logged more than 25,000 miles and made more than 100 bus stop events.
Then, to ice the cake, there is a Senate hearing on the ADA Restoration Act of 2007 at 2 pm.
Below are details from the news release:
When:
November 15, 2007
11:00 AM - 1:00 PM:
Bus and Exhibit of Disability Rights History, welcome from Senator Tom Harkin and Yoshiko Dart, Speakers including NCIL's John Lancaster, AAPD's Cheryl Sensenbrenner, AARP's Brewster Thackeray, CCD's Day Al-Mohamed, NDRN's Curt Decker, NCDR's Youth Advisory Committee Member Ari Ne'eman, NSCIA's Marcie Roth, ADA Watch's Jim Ward, Tom Olin and more.
2:00 PM: Senate Hearing on the ADA Restoration Act of 2007 in Room 430, Dirksen Senate Office Building
Where:
U.S. Capitol and National Mall at 3rd Street, NW
The Road To Freedom is a project of ADA Watch and the National Coalition for Disability Rights (NCDR), an alliance of hundreds of national, state and local disability, civil rights, and social justice organizations united to defend and promote the civil rights of children and adults with physical, mental,
cognitive, sensory and developmental disabilities.
For more information go to:
www.roadtofreedom.org
and for tour photos, go to:
http://adawatch.smugmug.com/gallery/2925333
Major sponsors of Road To Freedom educational activities include Open Society Institute, IndependenceFirst, AARP, AOL, Bruce Hornsby, Ted Leonsis Foundation, Dircks & Associates, Browser Media, Arizona Bridge to Independent Living, Christopher and Dana Reeve Paralysis Resource Center, Mitsubishi Electric America Foundation, Embassy of Austria, Embassy of Croatia, Democracy In Action, National Disability Rights Network, Sweet Honey In the Rock and more.
Special thanks to DC organizers Bobby Coward and Direct Action, DC Center for Independent Living, ENDependence Center of Northern Virginia, Freedom Center, Capitol Area ADAPT and more. Thanks also to ADAPT, National Council on Independent Living, Consortium of Citizens with Disabilities, American Association of People with Disabilities, National Association of Rights Protection and Advocacy, Mind Freedom International and our state and local organizers throughout the USA.
ADA Watch/National Coalition for Disability Rights
1201 Pennsylvania Avenue, NW, Suite 300
Washington, DC 20004
Update: 11/16/07
Day Al-Mohamed was present at the big day’s activities, and will be posting her comments about it on her
Day in Washington
web site,hopefully by this weekend.
Being these events were on Day’s home turf, and land squarely on her professional domain, I look forward to reading her impressions.
Tuesday, October 16, 2007
It's October so get to raising awareness the United Spinal Association way
USA! USA! USA!
That’s not just the cheer for American teams in international competitions. It is also what each of us should be calling out to recognize what the
United Spinal Association
is doing to recognize Disability Employment Awareness Month. They are using the promotion of this to raise awareness about the ADA Restoration Act of 2007. This is definitely good, as there are so many people I’ve spoken with who had not heard of the pending legislation until I brought it up.
The step that United Spinal is taking is a good tool for all of us to remember. Take something that you were going to promote anyways and co-brand an important issue with it. Way to go, USA!
That’s not just the cheer for American teams in international competitions. It is also what each of us should be calling out to recognize what the
United Spinal Association
is doing to recognize Disability Employment Awareness Month. They are using the promotion of this to raise awareness about the ADA Restoration Act of 2007. This is definitely good, as there are so many people I’ve spoken with who had not heard of the pending legislation until I brought it up.
The step that United Spinal is taking is a good tool for all of us to remember. Take something that you were going to promote anyways and co-brand an important issue with it. Way to go, USA!
Tuesday, September 18, 2007
Dancing around the issues: Ted Poe's reply about the ADA Restoration Act of 2007
The purpose of Access Ability is not to be a political blog, but is focused on pursuing interests relating to the world of Disability Support Services. However, there are times when the goals of Access Ability and politics collide. The following is the account of such an intersection.
What is one to make of his congressman when given lip service? Sure, it was politically correct, but it was still lip service.
Case in point is the reply I received from my Representative
Ted Poe, R-TX,
In response to my email asking him to sign on as a cosponsor of H.R. 3195, the
ADA Restoration Act of 2007.
In his response, Rep. Poe gave me a rundown of the bill’s assignment for review and he followed this up by thanking me for sharing my concerns with him.
However, at no time did he acknowledge my request for him to sign on as a cosponsor, nor did he ever state whether he would or wouldn’t sign on as a cosponsor of the legislation. However, by his omission, I’ll assume he’s declining my request.
Rep. Poe's reply and obvious omission harken back to Charles Durning playing the Texas Governor in the movie Best Little Whorehouse in Texas when he busts into a jig, singing “I Dance A Little Sidestep.”
Nice move, Mr. Poe. Was that a cha-cha or just a flat-out hustle?
I understand politics and try not to take them personally. However, I take the ADA personally. It is the backbone to so many aspects of things I enjoy and understand today. If it weren’t for the ADA, I shudder to think what my college experience might have been, much less what might have been in several other facets of my everyday life. So, I take it personally that Rep. Poe has slighted my request.
I now need to think through how to proceed from here.
Okay, I’ve shared my experience of contacting my congressman in support of this legislation. I have three questions for you.
1. Have you written your Representative and done the same?
2. If so, what was your Representative’s response?
3. Any suggestions on how to proceed with Rep.Poe?
What is one to make of his congressman when given lip service? Sure, it was politically correct, but it was still lip service.
Case in point is the reply I received from my Representative
Ted Poe, R-TX,
In response to my email asking him to sign on as a cosponsor of H.R. 3195, the
ADA Restoration Act of 2007.
In his response, Rep. Poe gave me a rundown of the bill’s assignment for review and he followed this up by thanking me for sharing my concerns with him.
However, at no time did he acknowledge my request for him to sign on as a cosponsor, nor did he ever state whether he would or wouldn’t sign on as a cosponsor of the legislation. However, by his omission, I’ll assume he’s declining my request.
Rep. Poe's reply and obvious omission harken back to Charles Durning playing the Texas Governor in the movie Best Little Whorehouse in Texas when he busts into a jig, singing “I Dance A Little Sidestep.”
Nice move, Mr. Poe. Was that a cha-cha or just a flat-out hustle?
I understand politics and try not to take them personally. However, I take the ADA personally. It is the backbone to so many aspects of things I enjoy and understand today. If it weren’t for the ADA, I shudder to think what my college experience might have been, much less what might have been in several other facets of my everyday life. So, I take it personally that Rep. Poe has slighted my request.
I now need to think through how to proceed from here.
Okay, I’ve shared my experience of contacting my congressman in support of this legislation. I have three questions for you.
1. Have you written your Representative and done the same?
2. If so, what was your Representative’s response?
3. Any suggestions on how to proceed with Rep.Poe?
Friday, September 07, 2007
More about the ADA Restoration Act of 2007
Two pieces of news about the ADA Restoration Act of 2007.
First, the
Road to Freedom
is a bus tour which is currently crossing the country and aiming to raise awareness about the pending legislation. The Road to Freedom web site has the latest news and appearances of the bus, as well as other useful links such as “What You Can Do”; The site also has a store as well as a blog to help chronicle the endeavors of the dedicated crew.
Additionally, for the latest information about the status of the ADA Restoration Act of 2007, you might want to grab the upcoming episode 41 of
Disability Nation Podcast.
The episode will air on Sunday, Sept. 9 and will feature some interesting aspects, including the Disability Legislative Liaison for Iowa Senator Tom Harkin .
At this time, it is a bit unclear if there will be a text transcript of this podcast available. One has been requested of the creator of the Disability Nation Podcast and I will be interested to see his response.
First, the
Road to Freedom
is a bus tour which is currently crossing the country and aiming to raise awareness about the pending legislation. The Road to Freedom web site has the latest news and appearances of the bus, as well as other useful links such as “What You Can Do”; The site also has a store as well as a blog to help chronicle the endeavors of the dedicated crew.
Additionally, for the latest information about the status of the ADA Restoration Act of 2007, you might want to grab the upcoming episode 41 of
Disability Nation Podcast.
The episode will air on Sunday, Sept. 9 and will feature some interesting aspects, including the Disability Legislative Liaison for Iowa Senator Tom Harkin .
At this time, it is a bit unclear if there will be a text transcript of this podcast available. One has been requested of the creator of the Disability Nation Podcast and I will be interested to see his response.
Monday, August 27, 2007
ADA Restoration Act of 2007 reference sites
To help interested parties stay abreast on what is going on with the ADA Restoration Act of 2007, I offer the following two links.
First, there is a blog specifically dedicated to
The ADA Restoration Act of 2007.
In addition to the latest updates and co-sponsors of the legislation, this informative blog has links to press releases tracking the progress of the bills in both houses of Congress.
Secondly, there is the ReunifyGally blog that is gathering
links to all blogs that write about the ADA Restoration Act of 2007.
FYI, ReunifyGally is referring to reunifying
Gallaudet University.
From the “About” page on the ReunifyGally web site:
“I established this blog in the hope of helping to support the healing and reunification of the Gallaudet community by enabling dialogue on sensitive topics raised by the protests. By “Gallaudet community,” I mean both people on campus and also those of us across the country and around the world who feel some link to Gallaudet, whether or not we have ever been there. “
First, there is a blog specifically dedicated to
The ADA Restoration Act of 2007.
In addition to the latest updates and co-sponsors of the legislation, this informative blog has links to press releases tracking the progress of the bills in both houses of Congress.
Secondly, there is the ReunifyGally blog that is gathering
links to all blogs that write about the ADA Restoration Act of 2007.
FYI, ReunifyGally is referring to reunifying
Gallaudet University.
From the “About” page on the ReunifyGally web site:
“I established this blog in the hope of helping to support the healing and reunification of the Gallaudet community by enabling dialogue on sensitive topics raised by the protests. By “Gallaudet community,” I mean both people on campus and also those of us across the country and around the world who feel some link to Gallaudet, whether or not we have ever been there. “
Saturday, July 28, 2007
ADA Restoration Act of 2007 is introduced
In case you missed it, this past Thursday was July 26, the 17th anniversary of the signing of the Americans with Disabilities Act.
Since that act was signed into law, there have been a litany of court cases where people have claimed they had been discriminated against, most often by employers. Too often, though, the claimants have been struck down in the judicial process, basically stating that they weren’t disabled enough to qualify for protection under the ADA. These were usually cases where people had a disability, but were either taking medication or using a prosthetic device or hearing aid to help manage the disability’s impact on their lives. Basically, the employers said the person was too disabled to have the job and this was compounded by the court saying they were not disabled enough to qualify as a covered party under the ADA.
For some time now, people have been pushing for a redefining of the ADA and it is finally happening. On Thursday, not coincidentally, U.S. Rep. Jim Sensenbrenner (R-WI) introduced the
ADA Restoration Act of 2007
In the House of Representatives, while a similar measure was also introduced in the Senate.
This update will tweak the original wording of the ADA to hopefully correct the overly narrow interpretation that the Supreme Court has wrought in many cases. In Rep. Sensenbrenner’s own words, “The ADA Restoration Act will force courts to focus on whether a person has experienced discrimination “on the basis of disability,” rather than require individuals to demonstrate that they fall within the scope of the law’s protection at all… The legislation will finally enable Americans with disabilities to shine a light on the discrimination they have experienced.”
In a promising demonstration of bipartisanship, Rep. Sensenbrenner Introduced the legislation at a press conference with the
House Majority Leader Steny H. Hoyer and Sen. Tom Harkin.
I believe Rep. Hoyer’s words rang true for many when he said, “"Let me be clear: This is not what Congress intended when it passed the ADA. We intended a broad application of this law. Simply put, the point of the ADA is not disability, it is the prevention of wrongful and unlawful discrimination.”
You might want to check out the latest edition of
Government Technology,
An on-line magazine for Information Technology professionals, for an article about the ADA Restoration Act. It is interesting to note the ironic twists of interaction that Tony Coelho has had with the original ADA and its interpretation by the judicial system.
Since that act was signed into law, there have been a litany of court cases where people have claimed they had been discriminated against, most often by employers. Too often, though, the claimants have been struck down in the judicial process, basically stating that they weren’t disabled enough to qualify for protection under the ADA. These were usually cases where people had a disability, but were either taking medication or using a prosthetic device or hearing aid to help manage the disability’s impact on their lives. Basically, the employers said the person was too disabled to have the job and this was compounded by the court saying they were not disabled enough to qualify as a covered party under the ADA.
For some time now, people have been pushing for a redefining of the ADA and it is finally happening. On Thursday, not coincidentally, U.S. Rep. Jim Sensenbrenner (R-WI) introduced the
ADA Restoration Act of 2007
In the House of Representatives, while a similar measure was also introduced in the Senate.
This update will tweak the original wording of the ADA to hopefully correct the overly narrow interpretation that the Supreme Court has wrought in many cases. In Rep. Sensenbrenner’s own words, “The ADA Restoration Act will force courts to focus on whether a person has experienced discrimination “on the basis of disability,” rather than require individuals to demonstrate that they fall within the scope of the law’s protection at all… The legislation will finally enable Americans with disabilities to shine a light on the discrimination they have experienced.”
In a promising demonstration of bipartisanship, Rep. Sensenbrenner Introduced the legislation at a press conference with the
House Majority Leader Steny H. Hoyer and Sen. Tom Harkin.
I believe Rep. Hoyer’s words rang true for many when he said, “"Let me be clear: This is not what Congress intended when it passed the ADA. We intended a broad application of this law. Simply put, the point of the ADA is not disability, it is the prevention of wrongful and unlawful discrimination.”
You might want to check out the latest edition of
Government Technology,
An on-line magazine for Information Technology professionals, for an article about the ADA Restoration Act. It is interesting to note the ironic twists of interaction that Tony Coelho has had with the original ADA and its interpretation by the judicial system.
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