On July 31, Senators Tom Harkin (D-IA) and Orrin Hatch (R-UT) introduced companion legislation to the ADA Amendments Act, which passed the House by a landslide in late June. The Senate version (S. 3406) has 63 co-sponsors, including both Sens. John McCain (R-AZ) and Barack Obama (D-IL), and appears headed for similar passage relatively soon.

The bill, 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.

From a joint press release issued by the sponsors:

“This is a monumental bill that people from across the political spectrum can wholeheartedly endorse.” Hatch added. “It strikes an appropriate balance in broadening and safeguarding ADA protections for our disabled fellow Americans without introducing provisions that courts could once again misconstrue. It further safeguards institutions of higher learning from being forced to compromise academic standards.”

Employers must follow this bill closely as it is taken up now in the Senate. With tremendous bi-partisan momentum, and support by diverse groups including most national disability organizations, the U.S. Chamber of Commerce, and the National Association of Manufacturers, it appears certain that some form of ADA amendment will be enacted before the end of the year.