The ADA Restoration Act
Originally introduced to Congress on July 26, 2007, the ADA Restoration Act aimed to restore the original intent of protecting Americans with disabilities and their participation in society. It was renamed the ADA Amendments Act, which passed in the House of Representatives on June 25, 2008. Delayed by the closing of the 110th House of Congress, it reappeared on the calendar in the Senate. Approved on September 11, 2008, by the Senate and a week later by the House, the ADA Amendments Act of 2008 became law on September 25, 2008, with President George W. Bush's signature.
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Purpose
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The original Americans with Disabilities Act intended to offer people with various disabilities protection for employment and accessibility in public spaces. However, since enacted in 1990, many people with serious disabilities, including epilepsy, multiple sclerosis, learning or intellectual disabilities and serious psychiatric conditions, found they could not qualify for ADA protection due to strict judicial interpretations of the ADA and Equal Employment Opportunity Commission's definition of "disability."
Inclusion
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According to S.3406, the approved bill, which became the ADA Amendments Act, refines a "disability" as "(A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment." This redefinition includes not only the "traditional" disabilities like paraplegia, deafness and blindness but also "nontraditional" disabilities like multiple sclerosis, serious psychiatric conditions and cerebral palsy. This enables potentially millions of Americans to claim ADA protection for their disabilities and contribute to society.
Major Life Activities
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The ADAAA continues the redefinition with defining "major life activities" that are hindered by the disability. "Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communications, and working." It goes on to include any major bodily functions and medical issues invisible to the naked eye, such as those affecting the immune, endocrine, reproductive, digestive systems and various other problems.
Substantial Limitations
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Congress decided that the previous determination tests of substantial limitations were too restrictive to include disabilities which the original ADA intended to cover. Instead, Congress determined that a common sense comparison of a person's ability to perform any given task to the ability of the general healthy public was sufficient. If a person cannot walk 50 yards like a typical person, the ADA considers such a person disabled.
Controversy
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The disabled community celebrated the signing of the ADAAA into law. Groups like the National Council on Independent Living fought for its passing, as they believed it enables people of various disabilities to have protection under the law in order to contribute to society through continued employment. However, other groups, including The Heritage Foundation and risk management companies like Lynch Ryan, voiced concern regarding employee abuse of the rights assured under the ADAAA as well as fraudulent claims of disability given the new broader definition.
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Related Searches
References
- Govtrack.us: H.R. 3195: ADA Amendments Act of 2008
- The Library of Congress THOMAS: H.R. 3195
- GovTrack.us: S. 3406: ADA Amendments Act of 2008
- The Library of Congress THOMAS: 110th Congress (2007-2008) S.3406.ENR
- U.S. Equal Employment Opportunity Commission: Questions and Answers on the Notice of Proposed Rulemaking for the ADA Amendments Act of 2008
Resources
- Photo Credit Handicapped Parking sign image by Jim Mills from Fotolia.com
