ADA Amendments Act Update
As discussed previously here on the Blawg, Congress is in the midst of debate over the Americans with Disabilities Amendments Act of 2008, a statute that could dramatically affect the way disabilities are treated in the workplace.
The Act sailed through the House a few weeks ago by a resounding 402-17 margin. Many thought it would face a similarly easy path in the Senate. But now the Senate’s sponsor of the bill is questioning whether the Act’s language is clear enough.
At the center of the debate is the definition of “disability” under the law. The Act seeks to clarify the ADA’s definition by stating that conditions must “materially restrict” major life activities such as breathing, communicating, eating, hearing, lifting, seeing, standing, walking, caring for oneself, performing manual tasks and working.
At a recent hearing, Senator Tom Harkin (D-Iowa) expressed concern over whether that language could lead to more confusion and litigation — exactly what the Act is supposed to help avoid. “I want to caution supporters of the House bill that, here in the Senate, serious procedural and substantive concerns have been raised,” he said. “I want to work quickly to produce a Senate bill that gets the job done by returning protections of the ADA to all individuals with disabilities.”
Despite those concerns, a spokesperson added that Harkin will “do everything he can to see [the Act] passed and signed into law this year.”
HR Executive Online has a handy chart showing the Act’s proposed changes here.
Stay tuned for more.
