Earlier today, by a 43-to-1 vote, the House Education and Labor Committee approved the “ADA Amendments Act of 2008” (H.R. 3195). The bill – a marked-up version of the “Americans with Disabilities Act Restoration Act of 2007” -- will reverse several U.S. Supreme Court decisions that have more narrowly interpreted the Americans with Disabilities Act (ADA).

Management interests were strongly opposed to H.R. 3195 as initially offered by Rep. Steny Hoyer (D-MD). SHRM President and CEO Susan R. Meisinger explained: " Under those prior proposals, ADA protection would have been expanded to employees with temporary impairments. That would have simply diluted the resources available to employees with disabilities who truly need and deserve accommodations.”

But recently, disability activists and business representatives got together and agreed on a series of amendments. On its ShopFloor.org blog, the National Association of Manufacturers (NAM) posted a copy of the letter sent yesterday by this coalition to Congressional leadership, which outlined the priorities of the proposed compromise: 

• Coverage under the ADA - The proposal clarifies that Congress intended the ADA’s coverage to be broad, to cover anyone who faces unfair discrimination because of a disability.
• Definition of Disability - The proposal retains the requirement that an individual’s impairment substantially limits a major life activity in order to be considered a disability and an individual must demonstrate that he or she is qualified for the job.
• Protection for Mitigating Measures - The proposal would overturn several court decisions to provide that people with disabilities not lose their coverage under the ADA simply because their condition is treatable with medication or can be addressed with the help of assistive technology.
• Regarded As - The proposal includes a “regarded as” prong as part of the definition of disability which covers situations where an employee is discriminated against because of his or her actual or perceived impairment. Moreover, the proposal makes it clear that accommodations do not need to be made to someone who is disabled solely because he or she is “regarded as” disabled.  

(NAM also links to today’s NPR “Morning Edition” report on the proposals.)

 Employers must continue to follow the progress of this bill through the Congress as it will significantly impact their obligations toward disabled employees. On the eve of today’s Committee action, the bill’s sponsor, Rep. Hoyer had indicated: “Following committee action, it is my intention to move quickly to bring this important civil rights legislation to the House Floor.”

If you have any questions about the new law, check out the Workplace Horizions coverage, or contact one of our attorneys for further assistance.