In a 402-17 vote, the House yesterday approved the ADA Amendments Act (H.R. 3195) without further amendment.  The legislation responds to the U.S. Supreme Court decisions in Sutton v. United Airlines Inc., 527 U.S. 471 (1999) and Toyota Motor Manufacturing Kentucky Inc. v. Williams, 534 U.S. 184 (2002), claiming the cases "narrowed the broad scope of protection intended to be afforded by the ADA, thus eliminating protection for many individuals whom Congress intended to protect."

Within a relatively short span of time, the business and disabilities awareness communities came together to propose a compromise bill, various House committees passed the amendments by overwhelming margins, and the White House expressed support for many of its provisions.

There has been near universal positive response to the bill's passage.  The National Association of Manufacturers (NAM) opined that the legislation was aimed at "Improving the Americans with Disabilities Act," and NAM Vice President Jay Timmons proclaimed it the "right thing to do."

"I've lobbied on Capitol Hill for 25 years and rarely seen anything like the extraordinary coalition of the civil rights, disability and employer communities that have come together around the Americans with Disabilities Amendments Act," said Nancy Zirkin, executive vice president of the Leadership Conference on Civil Rights (LCCR).

The bill, set to become effective January 1, 2009, if enacted, would define the term "disability" as "a physical or mental impairment, a record of such impairment, or being regarded as having such impairment."  It would provide that employees are protected against discrimination because of a disability.  It would provide, however, that while an individual regarded as having a disability is protected against discrimination, the "regarded as" provision would not apply to an individual with a condition that is minor, or that is a "transitory" condition lasting or expected to last six months or less.

The legislation would also modify the definitions of disabilities and impairments, and would add standards for determining whether an impairment substantially limits an individual's major life activity.

Employers must follow further consideration of this bill as it is taken up now in the Senate, as it appears certain that some form of ADA amendment will be enacted before the end of the year.