ADA Amendments Act Will Open the Doors of Equality for All

 

 

 

Eighteen years ago last month, the first President Bush signed into law one of the most important pieces of civil rights legislation in recent memory-the Americans with Disabilities Act (ADA). He said then: "Every man, woman, and child with a disability can now pass through once-closed doors into a bright new era of equality, independence, and freedom."

 

In large measure, he was right. Those doors of exclusion have come open. Tens of millions of Americans with disabilities now enjoy rights the rest of us have long taken for granted-to use the same streets, theaters, restrooms, and offices; prove themselves in the workplace; and succeed on their talents and drive alone.

 

That was the promise of the ADA. But looking back, the hard truth is that we were, in some ways, too optimistic. The door that former President Bush spoke of is still not entirely open-and every year millions of us are caught on the wrong side.

 

In interpreting the law, the courts have consistently chipped away at Congress' clear intent through a series of narrow rulings that have had the effect of excluding millions of Americans from the law's protection.

 

For example, we never expected that people with disabilities who worked to mitigate their conditions would have their efforts held against them. But the courts did exactly that by throwing their cases out on the grounds that they were too functional to meet the definition of "disabled."

 

This was not Congress' intent. And that is why today a broad coalition of groups-including members of the disability community as well as the U.S. Chamber and other business organizations-have come together to help the courts get this right.

 

The Chamber deserves great credit for its thoughtful input and willingness to address this issue. It is largely due to this atmosphere of cooperation that the ADA Amendments Act passed the House on June 25, 2008, by an overwhelming bipartisan vote of 402 to 17.

 

This legislation seeks to make clear that a cramped reading of disability rights will be replaced with a broad and fair definition that protects from discrimination even those who manage to mitigate their disabilities. The bill also recognizes that those "regarded as" having a disability are equally at risk of being discriminated against and deserve to be equally protected.

 

To be clear, the ADA Amendments Act does not seek to expand the rights guaranteed under the landmark ADA. Instead, it seeks to clarify the law and restore the scope of the protections available under the ADA.

 

I am proud to have worked for so long with my colleague Congressman Jim Sensenbrenner (R-WI) as well as with senators from both sides of the aisle. They have helped advance this legislation, and now we will work together-along with the stakeholders-to move this effort forward in the Senate.

 

Our intent when this effort began more than two decades ago was not only to ensure fairness and combat discrimination, but also to unleash pools of talent that for too long have been denied the opportunity to prove themselves and to participate fully in our society.

 

Few kinds of discrimination have been more widespread than the exclusion of those with disabilities. It was America that passed a pioneering law to help end that exclusion. Today, we must pass this bipartisan, compromise legislation to ensure that the courts do not mistake Congress' intent.