Senate Passes ADA Amendments Act
Yesterday, the Senate approved the ADA Amendments Act, legislation that would overturn several U.S. Supreme Court decisions that the bill’s proponents claimed too narrowly interpreted the ADA.
The bill was the result of a compromise among disability advocates and various business groups, including the National Association of Manufacturers (NAM) and U.S. Chamber of Commerce.
What Would Change?
Here are the highlights:
- Mitigating measures. One of the biggest changes would be the rejection of Supreme Court cases requiring “mitigating measures” to be taken into account in determining whether an individual has a disability. Under the proposed law, assistance from medication, technology, equipment, devices and other similar aids would no longer be part of the equation. Notable exceptions: glasses and contact lenses could still be considered.
- Remission. A condition that is in remission or episodic qualifies as a disability if it would substantially limit a major life activity when active.
- “Substantially Limits” Loosened. The bill loosens the definition of “substantially limits” by rejecting a Supreme Court ruling that the phrase should be considered a “demanding standard” and EEOC guidance that it should be defined as “significantly restricted.”
- “Major Life Activities” Expanded. The bill provides specific examples of “major life activities,” including “major bodily functions” such as “immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.”
- “Regarded As” Narrowed. The bill excludes from ”regarded as” claims minor/transitory conditions lasting six months or less.
The bill now moves on to the House for consideration. The House passed a similar bill 402-17 in June and is expected to consider the new proposal as early as September 17.
President Bush is expected to sign the bill.
Stay tuned.
