eSight Community News

Considered to be one of the landmark civil rights laws of the 20th century, the ADA was designed to protect any individual who is treated less favorably because of a current, past, or perceived disability. The law was passed with overwhelming bipartisan support and was signed into law by President George H.W. Bush.

Unfortunately, since the ADA was passed, a series of court decisions have ignored Congress' clear intent regarding who should be protected under the law, and have narrowed the category of who qualifies as an "individual with a disability."

"Many individuals who Congress intended to protect under the ADA - including people with epilepsy, diabetes, and cancer - are no longer protected as a result of these court decisions," said Harkin. "These cases have created a bizarre catch-22 where people with serious conditions like epilepsy or diabetes could be forced to choose between treating their conditions and forfeiting their protections under the ADA, or not treating their conditions and being protected. That is not what Congress intended when we passed this law 17 years ago. This situation clearly cries out for a modest, reasonable legislative fix, and that's exactly what I am doing, today, by introducing the ADA Restoration Act of 2007."

Harkin's bill would restore the original intent of the ADA to protect all persons with disabilities without regard to mitigating circumstances, such as taking medication, or using an assistive device. This bill is being co-sponsored by Senator Arlen Specter (R-PA). House Majority Leader Steny Hoyer (D-MD) and Representative Jim Sensenbrenner (R-WI) introduced a companion bill in the House of Representations today.

Harkin's legislation amends the definition of "disability" so that individuals with disabilities who Congress originally intended to protect from discrimination are covered under the ADA. This is accomplished by:

• 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.

"As with the original passage of the ADA, it's going to take time to hold hearings and build strong majorities," said Harkin. "But I look forward to working to restore Congress' original intent, and, once again, to ensure that Americans with disabilities are protected from discrimination."