Changes in the Americans with Disabilities Act proposed by the ADA Restoration Act of 2007
Last updated September 1, 2007
The following reflects the changes in existing
statutory wording that would take place if this bill were to become law
(changes in red):
The Congress finds that—
(1) (7)
As used in this chapter:
(A) IN GENERAL- The term `disability' means, with respect to
an individual-- (i) a physical or mental impairment; (ii) a record of a physical or mental impairment; or (iii) being regarded as having a physical or mental
impairment. (B) RULE OF CONSTRUCTION- (i) The determination of whether an individual has a physical
or mental impairment shall be made without considering the impact of any
mitigating measures the individual may or may not be using or whether or not
any manifestations of an impairment are episodic, in remission, or latent. (ii) The term `mitigating measures' means any treatment,
medication, device, or other measure used to eliminate, mitigate, or compensate
for the effect of an impairment, and includes prescription and other medications,
personal aids and devices (including assistive technology devices and
services), reasonable accommodations, or auxiliary aids and services. (iii) Actions taken by a covered entity with respect to an
individual because of that individual's use of a mitigating measure or because
of a side effect or other consequence of the use of such a measure shall be
considered actions taken on the basis of a disability under this Act. (3) PHYSICAL IMPAIRMENT- The term `physical impairment' means
any physiological disorder or condition, cosmetic disfigurement, or anatomical
loss affecting one or more of the following body systems: neurological;
musculoskeletal; special sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic;
skin; and endocrine. (4) MENTAL IMPAIRMENT- The term `mental impairment' means any
mental or psychological disorder such as mental retardation, organic brain
syndrome, emotional or mental illness, or specific learning disabilities. (5) RECORD OF PHYSICAL OR MENTAL IMPAIRMENT- The term `record
of physical or mental impairment' means having a history of, or having been
misclassified as having, a physical or mental impairment. (6) REGARDED AS HAVING A PHYSICAL OR MENTAL IMPAIRMENT- The
term `regarded as having a physical or mental impairment' means being perceived
or treated as having a physical or mental impairment whether or not the
individual has an impairment. The term “State” means
each of the several States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of
the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.
(a) General rule No covered entity shall
discriminate against As used in subsection
(a) of this section, the term “ (1) limiting,
segregating, or classifying a job applicant or employee in a way that adversely
affects the opportunities or status of such applicant or employee because of
the disability of such applicant or employee; (2) participating
in a contractual or other arrangement or relationship that has the effect of
subjecting a covered entity’s qualified applicant or employee with a disability
to the discrimination prohibited by this subchapter (such relationship includes
a relationship with an employment or referral agency, labor union, an
organization providing fringe benefits to an employee of the covered entity, or
an organization providing training and apprenticeship programs); (3) utilizing
standards, criteria, or methods of administration— (A) that
have the effect of discrimination on the basis of disability; or (B) that
perpetuate the discrimination of others who are subject to common administrative
control; (4) excluding
or otherwise denying equal jobs or benefits to a qualified individual because
of the known disability of an individual with whom the qualified individual is
known to have a relationship or association; (A) not
making reasonable accommodations to the known physical or mental limitations of
an otherwise qualified individual with a disability who is an applicant or
employee, unless such covered entity can demonstrate that the accommodation
would impose an undue hardship on the operation of the business of such covered
entity; or (B) denying
employment opportunities to a job applicant or employee who is an otherwise
qualified individual with a disability, if such denial is based on the need of
such covered entity to make reasonable accommodation to the physical or mental
impairments of the employee or applicant; (6) using
qualification standards, employment tests or other selection criteria that
screen out or tend to screen out an individual with a disability or a class of individuals
with disabilities unless the standard, test or other selection criteria, as
used by the covered entity, is shown to be job-related for the position in
question and is consistent with business necessity; and (7) failing
to select and administer tests concerning employment in the most effective
manner to ensure that, when such test is administered to a job applicant or
employee who has a disability that impairs sensory, manual, or speaking skills,
such test results accurately reflect the skills, aptitude, or whatever other
factor of such applicant or employee that such test purports to measure, rather
than reflecting the impaired sensory, manual, or speaking skills of such
employee or applicant (except where such skills are the factors that the test
purports to measure).
(a) In general It may be a defense to a charge of discrimination under this
chapter
*
* * (e) Broad Construction- In order to ensure that this Act
achieves its purpose of providing a comprehensive prohibition of discrimination
on the basis of disability, the provisions of this Act shall be broadly
construed to advance their remedial purpose. (f) Regulations- In order to provide for consistent and
effective standards among the agencies responsible for enforcing this Act, the
Attorney General shall promulgate regulations and guidance in alternate
accessible formats implementing the provisions herein. The Equal Employment
Opportunity Commission and Secretary of Transportation shall then issue
appropriate implementing directives, whether in the nature of regulations or
policy guidance, consistent with the requirements prescribed by the Attorney
General. (g) Deference to Regulations and Guidance- Duly issued Federal
regulations and guidance for the implementation of this Act, including
provisions implementing and interpreting the definition of disability, shall be
entitled to deference by administrative bodies or officers and courts hearing
any action brought under this Act.42
U.S.C. § 12101. Findings and purpose
some
43,000,000 Americans have one or more physical or mental disabilities, and this
number is increasing as the population as a whole is growing older; physical or mental
disabilities are natural parts of the human experience that in no way diminish
a person's right to fully participate in all aspects of society, yet people
with physical or mental disabilities having the talent, skills, abilities, and
desires to participate in society frequently are precluded from doing so
because of discrimination; others who have a record of a disability or are
regarded as having a disability also have been subjected to discrimination;individuals
with disabilities are a discrete and insular minority who have been faced with
restrictions and limitations, subjected to a history of purposeful unequal
treatment, and relegated to a position of political powerlessness in our
society, based on characteristics that are beyond the control of such
individuals and resulting from stereotypic assumptions not truly indicative of
the individual ability of such individuals to participate in, and contribute to,
society; individuals with disabilities have been subject to
a history of purposeful unequal treatment, have had restrictions and
limitations imposed upon them because of their disabilities, and have been
relegated to positions of political powerlessness in society; classifications
and selection criteria that exclude persons with disabilities should be
strongly disfavored, subjected to skeptical and meticulous examination, and
permitted only for highly compelling reasons, and never on the basis of prejudice,
ignorance, myths, irrational fears, or stereotypes about disability;§ 12102.
Definitions
The term “disability”
means, with respect to an individual— (A) a
physical or mental impairment that substantially limits one or more of the
major life activities of such individual; (B) a
record of such an impairment; or (C) being
regarded as having such an impairment. 42
U.S.C. § 12112. Discrimination
a qualified individual with a disability because of the disability
of such individual an individual on the basis of disability in regard to job
application procedures, the hiring, advancement, or discharge of employees,
employee compensation, job training, and other terms, conditions, and
privileges of employment. discriminate discriminate against an individual on the
basis of disability” includes— § 12113.
Defenses
that an alleged application that-- (1) the individual
alleging discrimination under this title is not a qualified individual with a
disability; or (2) an alleged application of qualification standards, tests, or selection
criteria that screen out or tend to screen out or otherwise deny a job or
benefit to an individual with a disability has been shown to be job-related and
consistent with business necessity, and such performance cannot be accomplished
by reasonable accommodation, as required under this subchapter. 42
U.S.C. § 12201. Construction