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September 2010

Chamber Fights ADA Expansion

Publication Date: 
October 2007

 
In a move that could have far-reaching implications for businesses, Congress is considering the most sweeping changes to the Americans with Disabilities Act (ADA) since the employment law went into effect in 1990.

A recently introduced bill would radically expand the number of persons and conditions covered by ADA by changing the definition of "disabled" to include temporary or correctable conditions such as poor eyesight. The bill–the ADA Restoration Act of 2007–would also do away with the current ADA requirement that an impairment must "substantially limit one or more major life activities" to be considered a disability. Virtually the entire U.S. working population could be covered by the law under the proposed changes.

"The Chamber will actively oppose these radical changes because they would not address the needs of those who are deserving of ADA's protections but, instead, divert significant compliance and enforcement resources to ‘gotcha' lawsuits that already overwhelm enforcement agencies and the courts," says U.S. Chamber Executive Vice President of Government Affairs Bruce Josten.

In 2006, the Equal Employment Opportunity Commission found that of the 15,575 charges filed under ADA, there was reasonable cause to believe discrimination occurred in only 5.6% of the cases.

Any changes to the definition would also affect other portions of ADA law, including Title III public access provisions. Title III calls on virtually every business serving the public–regardless of size or number of employees–to make their facilities accessible to people with disabilities.

In addition, the Department of Justice is already planning to implement revised accessibility guidelines. "Expanding the class of people who can assert a claim for accessibility will subject businesses and other facility operators to greater confusion and litigation," Josten says.

Comments

Steve Hull 10/12/2009 3:10:31 AM

Since Congress passed the Americans with Disabilities Act (ADA) in 1990, numerous courts have handed down troubling decisions that have effectively denied many of the ADA's protections for people with disabilities. These decisions denying the ADA's protections are clearly against Congress's intent.I support the continued effort to protect the civil liberties of people with disabilities and ask Congress to:

* Pass legislation restoring the ADA's protections that have been either lost or weakened from problematic court decisions and by clarifying the definition of "disability" as Congress originally intended.
* Reject attempts to weaken the ADA and its provisions.

The Chamber misrepresents by calling this an expansion. It is an effort to restore the original intent of Congress. If this were an effort to protect the civil rights of ANY other minority besides those with disabilities there would be no argument.
A Concerned Citizen 10/12/2009 3:10:31 AM

"was reasonable cause to believe discrimination occurred in only 5.6% of the cases"

This is grossly misleading. The reason why so many cases are being thrown out is NOT because there wasn't discrimination but because the courts have wasted the people's time and dollars debating who is and isn't disabled in such a riduculoulsly narrow fashion that employers can now SIMULTANEOUSLY claim that Joe Worker is "too disabled" to do the job (even if they are, in fact, ALREADY doing the job superbly, with superlative evaluations) and ALSO "not disabled enough" to qualify under the court's narrow conception of disability. You simply cannot have it both ways!

Legislators originally meant for the ADA to protect people from unreasonable and unfair discrimination ON THE BASIS OF DISABILITY. It never meant for the courts to appoint themselves as medical and diagnostic experts in deciding who is or isn't disabled. Instead, what the courts should have been doing all along--and what they WOULD have been doing all along if they had interpreted the ADA correctly in the first place--is deciding, "Has discrimination taken place?"

The ADA Restoration Act is meant to force the courts to, *gasp*, actually DO THEIR JOBS. If a case really and truly has no merit, then the courts can decide that--ON THE BASIS OF THE FACTS. Not on the basis of mere technicality regarding whether such activities as "thinking" or "sleeping" count as major life activities in defining whether someone has a disability. (The courts have decided they are not, so I guess we should all stop thinking and sleeping now. If you don't believe me, go to <a href="http://reunifygally.wordpress.com">http://reunifygally.wordpress.com</a> and click on the category "court cases" to read up on some of the court decisions that have been made.)
Tax Payer, Non-ADA covered business owner 10/12/2009 3:10:31 AM

The ADA has been mostly a get rich quick hwy for lawyers. Rarely does anything come out of lawsuits that benefit the disabled. I'll give a good example; I have noticed that my city has been tearing up perfectly good sidewalks because the approachs are not at the exact degree the ADA stipulates. What happens when the street itself is on a hill? We have sidewalks that go nowhere because this law says you have to have a wheelchair ramp when intersections are updated or changed. It needs to be scrapped altogether and let the needs of your locality dictate what should be done. We need to get the Feds out where they don't belong.
Richard Bell 10/12/2009 3:10:31 AM

The newest attempt to update the ADA is taking away our right to use an animal other dogs or cats. A capuchin monkey can do a much better job at feeding me than a dirty dog. (Springer, New Mexico)
Ernie 10/12/2009 3:10:31 AM

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