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.
