Senate Passes ADA Amendments Act

WASHINGTON–On Thursday, the Senate unanimously approved a bill that would clarify the intent of the Americans with Disabilities Act and “ensure that all Americans with disabilities are protected from discrimination,” according to its authors, Sens. Tom Harkin, D-Iowa, and Orrin Hatch, R-Utah.

The ADA Amendments Act would effectively overturn a series of court decisions that have narrowed the scope of the ADA with rulings that those who could compensate for their disabilities with medications, medical devices or prosthetics did not qualify for protection under the law.

The Senate bill is similar to legislation introduced in the House by Majority Leader Steny Hoyer, D-Md.–one of the lead sponsors of the ADA–and Rep. Jim Sensenbrenner, R-Wis., that passed by a 402-17 margin this summer.

The bill has wide support on both sides of the aisle, as well as among employers, civil rights and disability advocates, who have formed an uncommon alliance around the legislation. (See Homecare Monday, June 23.)

Considered one of the landmark civil rights laws of the 20th century, the ADA was designed to protect any individual who is discriminated against on the basis of disability. The law was passed with overwhelming bipartisan support and was signed into law by President George H.W. Bush in 1990.

However, Hoyer said, “In interpreting the ADA over the last 18 years, the courts consistently chipped away at its clear intent … We never expected that people with disabilities who worked to mitigate their conditions would have their efforts held against them. But the courts did exactly that.

“All told, these narrow rulings have excluded millions of Americans from the law’s protections, for no good reason.”

The ADA Amendments Act would leave the ADA’s disability definition intact as a physical or mental impairment that limits one or more major life activities. But the bill also directs courts toward a broader interpretation of the definition, increasing the number of activities covered and adding a category of conditions that limit bodily functions. It would also make clear that the use of mitigating measures, such as diabetes medication, would not remove anyone from the law’s protections.

“The protections afforded under this historic law have been eroded and the result is that people with serious conditions like epilepsy or diabetes could be forced to choose between treating their conditions and forfeiting their protections under the law,” said Harkin, chief author of the original ADA.

“That is not what Congress intended when we passed the law, and this bill is the right fix.”

In a statement from the American Association of People with Disabilities, President and CEO Andrew Imparato said, “This is the most important piece of disability legislation since the enactment of the ADA in 1990, and we are close enough to the finish line that we can see over.” Hoyer told reporters the House is expected to vote on the Senate version of the measure this week, and said it is likely President Bush will sign the legislation.