Congress Considers ADA “Restoration Act”

The U.S. House of Representatives is planning to consider the “Americans with Disabilities Act Restoration Act of 2007”, an amendment to the Americans with Disabilities Act of 1990 (ADA).  

The ADA Restoration Act would primarily:

• Redefine the term “disability” to mean “a mental or physical impairment,” eliminating the current requirement that the disability must substantially limit a major life activity;
  
  
• Disallow employers and courts from considering the effects of mitigating measures an individual uses to manage his or her impairment;
  
  
• Shift the burden of proof in proving whether the employee is qualified for the job from the employee to the employer.  (Currently, the employee must prove that he or she is able to perform the job in question before the employer must provide a reasonable accommodation.  The ADA Restoration Act would eliminate this requirement, and thus force the employers to prove, as an affirmative defense, that the employee is not qualified).

The ADA was originally enacted to protect individuals with “disabilities” from discrimination in employment, public services and public facilities.  Under current law, the ADA defines “disability” as a “mental or physical impairment that substantially limits one or more of the major life activities of such individual.”  This standard of what is and is not a disability is a fundamental inquiry in any disability discrimination case.  In defining the parameters of what constitutes a disability, the Supreme Court has held that an individual does not necessarily have a disability if their impairment can be mitigated or corrected, such as through eyeglasses or medication.  See Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999); Murphy v. United Parcel Service, Inc., 527 U.S. 516 (1999).

Some people are concerned that the ADA Restoration Act, a bipartisan bill introduced by Representatives Steny Hoyer (D-MD) and James Sensenbrenner (R-WI), would overly expand the protected class of “disabled.”  By redefining “disability” as “a mental or physical impairment,” while eliminating the requirement that such an impairment limit a “major life activity,” the ADA could potentially cover the entire workforce.  Concerns regarding this bill should be directed to your Representative.

Posted by: Neal Shah

Categories: ADA