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Last updated: 09/18/08

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ADA Amendments Act to Become Law September 18, 2008

Picture courtesy of the Epilepsy Foundation.

On the heels of the Senate having done so last week, yesterday the House of Representatives unanimously passed the Americans with Disabilities Act Amendments Act (S. 3406). This clears the way for the legislation to be sent to the President to become law. At this time it is unclear exactly when the President will sign the legislation into law, but the White House has said he will sign the bill Curt Decker, Executive Director of the National Disability Rights Network stated, “On this great day, bipartisan Congressional action sent a strong message to the Federal Courts that they have incorrectly interoperated the coverage of the ADA. The ADA Amendments Act rightfully restores full coverage of the a vast majority of people with disabilities to receive their day in court on issues of discrimination that they face.” the Americans with Disabilities Act Amendments Act (ADAAA) specifically overturns Supreme Court decisions that have caused too many people with disabilities whom Congress intended the ADA to cover to lose important protection. The ADAAA makes it clear that Congress intended the ADA’s coverage to be broad, to cover anyone who faces unfair discrimination because of a disability. The legislation also clarifies the current requirement that an impairment must substantially limit a major life activity in order to be considered a disability. S. 3406 prohibits consideration of mitigating measures in the determination of whether an individual has a disability, with the exception of ordinary eyeglasses and contact lenses. Finally, the bill affords broad coverage for individuals regarded as having a disability under the ADA, but includes a provision to make it clear that accommodations need not be made to someone who is disabled solely because he or she is regarded as having a disability.

 

For public policy alerts, please join the Public Policy listserv by sending your name, job title, P&A/CAP affiliation, and e-mail address to eric.buehlmann@ndrn.org; please include Public Policy Listserv in the subject line. (view past "Inside Washington" public policy alerts) NDRN bases its public policy views on the firm belief that people with disabilities have the constitutional right to fully participate in our democratic society. The main objective of the P&A/CAP network is to protect and defend this constitutional right and the other rights that flow from it. NDRN also monitors and reacts to the implementation and enforcement of existing or new legislation that has an impact on the lives of individuals with disabilities. NDRN efforts include interacting with a variety of federal agencies and entities either in person or through the regulatory process.