Advocates Push for Amendments to ADA

WASHINGTON–Last week, former U.S. Congressman Tony
Coelho–primary author of the Americans with Disabilities
Act–along with U.S. Chamber of Commerce President Tom Donohue,
Leadership Conference on Civil Rights Executive Vice President
Nancy Zirkin and autism advocate Ari Ne’eman, announced formation
of the Employer & Disability Alliance to promote the ADA
Amendments Act. The broad alliance includes some of the nation’s
largest employer groups and disability advocates.

“Narrow court interpretations have removed ADA protections
for people Congress intended to cover–those with serious heart
conditions, epilepsy, diabetes and even cancer,” said Zirkin.
“Organizations in the Employer & Disability Alliance have
been working around the clock with leaders in Congress to return
ADA coverage through the ADA Amendments Act to these people and to
craft an agreement that is fair to both employers and those with
disabilities.”

According to a background summary from the House Education and
Labor Committee, which approved the proposed legislation by a 43 to
1 vote on Wednesday:

“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 ADA Amendments Act would reverse these court decisions and
restore the original Congressional intent of the Americans with
Disabilities Act, a statment from the committee said, by:

–Clarifying the definition of disability, including what it
means to be “substantially limited in a major life
activity.”
–Prohibiting the consideration of measures that reduce or mitigate
the impact of impairment–such as medication, prosthetics and
assistive technology–in determining whether an individual has a
disability.
–Covering workers whose employers discriminate against them based
on a perception that the worker is impaired, regardless of whether
the worker has a disability.
–Making it clear that the ADA provides broad coverage to protect
anyone who faces discrimination on the basis of disability.

The newly formed alliance sent a letter to Capitol Hill
explaining these points last week. The letter was signed by
organizations including:

–American Association of People with Disabilities
–American Diabetes Association
–Bazelon Center for Mental Health Law
–Epilepsy Foundation
–HR Policy Association
–International Franchise Association
–Leadership Conference on Civil Rights
–National Association of Manufacturers
–National Disability Rights Network
–National Council on Independent Living
–National Restaurant Association
–Society for Human Resource Management, and
–U.S Chamber of Commerce.

“I’m thrilled to be able to speak up in support of this
essential restoration of civil rights law that will ensure that
Americans with disabilities, like myself, will continue to enjoy
protections and are included throughout society,” said
Ne’eman, founding president of the Autistic Self Advocacy
Network.

“We have been negotiating with representatives of the disability
community for months, and after rigorous debate and compromise
we’ve reached a solid agreement,” said Donohue. “This is a
good change for America and we urge Congress to pass this
legislation now.”

The bill is expected to move to the House floor before Congress’
July 4 recess.