Poll Results: ADA Needs Restoration
The people have spoken.
Our latest poll asked whether our readers feel that the Americans with Disabilities Act needs “restoration.”
A little background . . .
Congress is currently considering the Americans with Disabilities Restoration Act (ADRA), a bill that would revise the Americans with Disabilities Act (ADA). Among other things, the ADRA would:
- shift the burden of proving that an employee is a “qualified individual with a disability” from the employee to the employer;
- remove the “substantially limits a major life activity” requirement from the definition of “disability”; and
- prohibit employers from taking ”corrective measures” (e.g., contact lenses, medication, etc.) into account in determining whether an employee has a disability.
Proponents of the bill contend that courts have undercut the intent of the ADA by construing the definition of “disability” far too narrowly and by expanding the ability of employers to take certain corrective measures into consideration.
Opponents argue that removing the “substantially limits” and “corrective measures” concepts from the equation would spur increased litigation and potentially expand protection to conditions that aren’t truly disabling.
The Results
The question we asked was simple: Does the ADA need restoration?
Here’s how you voted: a whopping 71% said ”yes”; only 29% said ”no.”
What’s Next?
We at Manpower feel strongly that ensuring workforce diversity of all types isn’t just the right thing to do — it’s an absolute economic imperative in the changing world of work. Employers must find ways to attract and retain talented employees from all walks of life, including disabled individuals.
Our poll results indicate that there is broad interest in modifying the ADA. At this point, however, there appears to be little agreement between employee and employer advocacy groups as to what those modifications should be. To me, this issue represents an excellent opportunity to set politics aside and come together to devise a workable solution that protects the rights of this critically important component of the workforce.
What can we do in the meantime?
No matter what happens on the legislative front, there are several resources you can use right now to ensure that you’re doing all the right things to help your disabled employees.
As we’ve discussed previously on the Blawg, one of the very best sources for information is the Job Accommodation Network (JAN), an excellent free service that assists employers with disability and accommodation issues. JAN’s contact information is under the “Other Resources” section of the Blawg.
In addition, we have answers to FAQs on the ADA and other statutes in our Employment Law Library (located in the “Tools & Tips” section).
Thanks for expressing yourselves! Our next poll will be coming your way soon.
