ADA Restoration Act

by Mike Eastman

Today the House Committee on Education and Labor is scheduled to hold a legislative hearing on H.R. 3195, the Americans with Disabilities (ADA) Restoration Act.  The Chamber strongly opposes this bill.

Proponents of this bill argue that some courts have interpreted the ADA so narrowly that some people who should be covered by the law are not actually being covered.  They argue that the ADA Restoration Act is necessary to restore the ADA to its original intent.  While it is certainly appropriate for Congress to review the ADA to ensure it is being implemented as intended, HR 3195 is far broader than merely restoring the ADA and instead would dramatically expand the law.

As described in more detail in testimony by the Chamber before the House Judiciary Committee late last year:

H.R. 3195 represents a radical departure from the ADA.  As written, the proposed legislation would drastically alter the statutory scheme in that it would:

• Remove the current ADA definition that a disability “substantially limit a major life activity;”
• Effectively substitute the status of “impairment” for that of a “disability” to determine coverage under the ADA;
• Prevent courts and employers from considering mitigating measures an individual may be using (such as medication or devices) when determining whether he or she is disabled; and
• Shift the burden of proof from plaintiffs to employers regarding whether an individual is “qualified” to perform a job.

The Chamber strongly supports equal opportunity in employment, in particular greater inclusion of people with disabilities in the workplace.  However, the Chamber cannot support expanding the ADA to cover individuals with minor impairments, such as common vision impairments correctable by wearing glasses, or temporary impairments, such as the flu.

We expect today’s hearing to highlight some of the problems that have been encountered over the past 17 years in implementing the ADA.  We also hope that it will make clear that H.R. 3195 is not the answer to these problems.

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[ChamberPost]

Update:
http://www.chamberpost.com/2008/06/improving-the-a.html