House Passes ADA Amendments Act

On June 25, the U. S. House of Representatives passed by an overwhelming margin a bill meant to restore to disabled individuals the legal protections originally intended in the Americans with Disabilities Act (ADA) of 1990. The ADA Amendments Act of 2008 was developed by a coalition of disability-rights activists and national business leaders. It passed 402 to 17.

Nancy Zerkin, executive vice president of the Leadership Conference on Civil Rights (LCCR), a coalition of nearly 200 civil rights organizations, said, "I've lobbied on Capitol Hill for about 25 years and rarely seen anything like the extraordinary coalition of disability and employer communities that have come together around the Americans with Disabilities Amendments Act." Members of the coalition include the U.S. Chamber of Commerce, the National Association of Manufacturers (NAM), and more than 30 major disability rights organizations. According to Zerkin, "narrow court interpretations [had] thrown out ADA protection for people with epilepsy, serious heart conditions, diabetes, mental illness including bipolar disorder, and even cancer." According to adabill.com, the bill would restore protection to such individuals by providing a clearer definition of disability and mandating protection for individuals (A) with a physical or mental impairment that materially limits one or more major life activities; (B) with a record of such an impairment; or (C) who are regarded as having an impairment described in (A) or (B). It does not mandate protection for disabilities that are transitory (lasting less than six months), or minor, such as those that can be corrected by ordinary glasses or contact lenses. It does restore protection for individuals whose disabilities are corrected or managed by a treatment or device, even where that creates a perception that the individual has full functionality.

"At a time when many contentious employment policy issues are in play, it is very encouraging to see the affected parties engaged in a dialogue rather than a debate in tackling an extremely delicate matter," said HR Policy Association Employment Rights Committee Chair and Northwestern Mutual Vice President of Human Resources Sue Lueger.

U.S. Chamber of Commerce President and CEO Tom Donuhue said in a statement issued by the LCCR, "We have been negotiating with representatives of the disability community for months, and after rigorous debate and compromise we have reached a solid agreement. Is it perfect? No, but as is often said, perfect can be the enemy of the good. This is good change for America."