ADA Restoration Act

(U.S. Senate bill is S. 1881 and U.S. House bill is HR 3195)

Background:

17 years ago, Congress passed the Americans with Disabilities Act (ADA) with overwhelming bipartisan support. However, in recent years, a number of U.S. Supreme Court decisions have significantly reduced the protections available to people with disabilities in employment settings.

The courts deciding rule in favor of businesses and against people with disabilities who challenge employment discrimination 97% of the time, often before the person has even had a chance to show that the employer treated them unfairly.

Americans with Disabilities Act Restoration Act of 2007

The Act would enable Americans with disabilities utilizing the ADA to focus on the discrimination that they have experienced rather than having to first prove that they fall within the scope of the ADA's protection.

Furthermore, the ADA's clear and comprehensive national mandate for the elimination of discrimination on the basis of disability will be properly restored and the ADA can rightfully reclaim its place among our Nation's civil rights laws.

Current Status

S. 1881 had a hearing held on Nov. 15, 2007 by Sen. Harkin and several members of the Senate Health, Education, Labor & Pensions (HELP) CMTE

• More than 100 advocates attended the hearing including members from PA SILC and CILs
• Former Pa. Governor and US Attorney General Dick Thornburgh testified about both their original efforts in crafting the ADA in 1990 and the need for the ADA Restoration Act.
• Advocates participated in Pittsburgh, Harrisburg and Philadelphia at ‘The Road to Freedom bus rallies in November.
• On July 25, over 400 advocates participated in ADA Unity Day in Harrisburg, celebrating 17 years of ADA passage. Shortly afterward, HR 3195 and S. 1881 were introduced.
• HR 3195 had a hearing on Oct. 4, 2007in the House Judiciary’s SUBCMTE on Constitution, Civil Rights and Civil Liberties.

Opposition to the ADA Reauthorization Act

The US Chamber of Commerce is opposed to this legislation due to concerns over excess litigation, potential abuses and increased business costs.

Other organization opposing include:

• Associated Builders & Contractors
• International Franchise Association
• National Association of Convenience Stores
• National Association of Manufacturers
• National Council of Chain Restaurants
• National Federation of Independent Business
• National Retail Federation
• Retail Industry Leaders Association
• Society for Human Resource Management

Further Information

The bills amends the Americans with Disabilities Act of 1990 to define "disability" as a physical or mental impairment (under current law, a physical or mental impairment that substantially limits one or more of the major life activities of such individual), a record of a such impairment, or being regarded as having a such impairment.

The bills would:

• Redefining and clarifying the terms used in the definition of disability (such as “physical impairment” and “mental impairment”);
• Adding a rule of construction to ensure that a person who uses mitigating measures (such as those with epilepsy or diabetes) will be protected under the law; 
• Defines the term “mitigating measures,” which is not currently defined in the ADA or in the Equal Employment Opportunity Commission (EEOC) regulations; clarifying that adverse treatment based on the mitigating measure itself or a side effect of the mitigating measure ( e.g., a person's prosthetic limb or a person's fatigue due to medicine) may constitute discrimination. 
• Modifies two findings in the ADA that had been misconstrued by the courts to support a narrow reading of “disability.” 
• Authorizes the appropriate executive agencies to issue regulations and guidance implementing the revised definition. 
• Harmonizes the ADA with other civil rights laws by prohibiting discrimination “on the basis of disability.” 
• Adds a rule of construction directing courts to construe the provisions of the ADA broadly, in order to advance the statute's remedial purpose

Advocacy is needed:

Tell Congress: IT’S TIME TO PASS THE ADA Restoration Act!  Should another hearing come up in 2008, please send your testimonies in. For more information, contact Deborah Cotter at deb@ncil.org or 202-207-0334x1008.

• Call your U.S. Representatives and Senator Casey to be co-sponsors.  A list of co-sponsor from Pennsylvania is below and attached.
• Don’t be afraid to discuss this issue with your local Chamber of Commerce or other groups opposing the legislation.

Support from PA’s Congressional Delegation has increased, but could use your help

(Sen. Specter supports/Sen. Casey is not officially supporting yet,

12 of Pa.’s 19  US Reps. are supporting)

Other talking points for both HR 3195 and S. 1881 (reference: NCIL website):

• Enactment of the ADA Restoration Act as introduced by House Majority Leader Steny Hoyer, Rep. James Sensenbrenner, and cosponsored by more than 200 of their colleagues to remedy decades of purposeful, unconstitutional discrimination and as such should be given a broad, rather than a narrow, construction;
• Provide full funding for ongoing public education on the requirements of the ADA, and adequate funding for strong enforcement by the US Department of Justice, US Equal Employment Opportunity Commission, Federal Communications Commission, and other agencies with enforcement responsibilities;
• Support creative efforts by federally-funded enforcement, technical assistance, and advocacy organizations to promote the positive aspects of the ADA’s accessibility and equal opportunity requirements;
• Oppose efforts by States to voluntarily waive their immunity from damage suits brought by people with disabilities under Titles I and II of the ADA, and;
• Enact a bipartisan Congressional efforts to overturn Supreme Court decisions narrowing the scope of the ADA, by enacting the ADA Restoration Act, H.R. 3195.

Is my member of Congress a co-sponsor and is the legislation moving? 

Senate version is S. 1881 and the House version is HR 3195.

To view the updated list or bill status, go to www.thomas.gov and type in the bill number (S. 1881 or HR 3195).  If your member of Congress is not on the list of co-sponsors, call them directly and ask them to sponsor S. 1881 and HR 3195.

More information to help you advocate

The NCIL web site (www.ncil.org)

Together we can and will make a difference! Thank you for your advocacy efforts!