Human Resource Executive Online
As the Department of Labor pushes for an increase in the hiring of disabled workers -- including the consideration of a possible quota for federal contractors -- employers are coping with increased disability claims subsequent to enactment of the ADA Amendments Act. More training of managers and supervisors is necessary, experts say.
By Kristen B. Frasch
Several recent reports underscore an increasing need for employers to do everything they can to ensure they are not discriminating against disabled workers and applicants.
Latest figures from the U.S. Equal Employment Opportunity Commission show close to 21,500 disabled Americans filed discrimination claims against their employers in 2009 under the Americans with Disabilities Act. That's a significant jump from about 19,500 in 2008 and 17,700 in 2007, and the highest the figure has ever been in the agency's 20-year history.
Employment lawyers attribute the hike to the ADA Amendments Act, signed into law in 2008, which expanded the definition of disability to include non-visible disabilities such as epilepsy and diabetes.
Full Story: http://www.hreonline.com/HRE/story.jsp?storyId=528968138
Showing posts with label ADA Amendments Act. Show all posts
Showing posts with label ADA Amendments Act. Show all posts
Tuesday, September 7, 2010
Wednesday, December 9, 2009
ACE Submits Comments on Proposed Rules for the Americans with Disabilities Amendments Act of 2008
Dec. 2, 2009
The American Council on Education (ACE), along with the College and University Professional Association for Human Resources (CUPA-HR), submitted comments Nov. 23 to the Equal Employment Opportunity Commission (EEOC) on the proposed rules to implement the equal employment provisions of the Americans with Disabilities Amendments Act of 2008.
During the legislative process, ACE worked with the drafters of the ADA Amendments Act in an effort to ensure that in enhancing existing protections against discrimination, Congress also gave due consideration to the special challenges facing institutions of higher education. While the proposed rules do bring greater clarity to many of the provisions, certain aspects of the proposal go well beyond the balance struck in the legislation, which could result in serious—albeit unintended—negative consequences.
ACE and CUPA-HR are particularly concerned that in many instances, the proposed rules eliminate any meaningful distinction between an impairment and a disability and disregard the requirement that disability determinations be made on a case-by-case basis.
ACE strongly supports nondiscrimination on the basis of disability and believes that employment decisions should be based on an individual’s qualifications and ability to perform a job.
http://www.acenet.edu/AM/Template.cfm?Section=HENA&CONTENTID=34949&TEMPLATE=/CM/ContentDisplay.cfm
The American Council on Education (ACE), along with the College and University Professional Association for Human Resources (CUPA-HR), submitted comments Nov. 23 to the Equal Employment Opportunity Commission (EEOC) on the proposed rules to implement the equal employment provisions of the Americans with Disabilities Amendments Act of 2008.
During the legislative process, ACE worked with the drafters of the ADA Amendments Act in an effort to ensure that in enhancing existing protections against discrimination, Congress also gave due consideration to the special challenges facing institutions of higher education. While the proposed rules do bring greater clarity to many of the provisions, certain aspects of the proposal go well beyond the balance struck in the legislation, which could result in serious—albeit unintended—negative consequences.
ACE and CUPA-HR are particularly concerned that in many instances, the proposed rules eliminate any meaningful distinction between an impairment and a disability and disregard the requirement that disability determinations be made on a case-by-case basis.
ACE strongly supports nondiscrimination on the basis of disability and believes that employment decisions should be based on an individual’s qualifications and ability to perform a job.
http://www.acenet.edu/AM/Template.cfm?Section=HENA&CONTENTID=34949&TEMPLATE=/CM/ContentDisplay.cfm
Monday, October 26, 2009
EEOC Adds New Orleans to its List of ADA Hearings
[The following is the latest press release on all four hearings related to the ADA Amendments Act regulations]
The U.S. Equal Employment Opportunity Commission
ADA Amendments Act of 2008 - Town Hall Meetings
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) Civil Rights Division are holding four full-day Town Hall Listening Sessions in October and November to obtain direct input from the business/employer community and the disability and disability advocacy community on EEOC's proposed regulations under the ADA Amendments Act of 2008 (ADAAA).
Presided over by EEOC's Acting Chair, Stuart J. Ishimaru, Acting Vice Chair, Christine Griffin, and Commissioner Constance S. Barker, as well as DOJ’s Deputy Assistant Attorney General for Civil Rights, Samuel Bagenstos, Counsel to the Assistant Attorney General for Civil Rights, Mazen Baswari, and Chief of the Disability Rights Section of the Civil Rights Division, John Wodatch, the Town Hall Listening Session is an opportunity for these officials to hear directly from stakeholders of all perspectives on the proposed regulations.
The Listening Sessions will be held on October 26th in Oakland, October 30th in Philadelphia, November 17th in Chicago and November 20th in New Orleans.
Five-minute time slots to address the panel will be available from 9:00 a.m. to 4:00 p.m. Some of the slots will be available on an advance registration basis and some on first-come, first-served sign up basis at the event. Members of the public are also invited to attend and view the proceedings, with space available on a first-come, first-served basis.
As a reasonable accommodation, there will be limited availability to provide public input by telephone. To request this accommodation you must register in advance.
Sign Language Interpreters, CART, and assistive listening devices will be available. If you need printed materials in an alternative format please email Elisa.gonzalez.ctr@tma.osd.mil letting her know what you need and the location (city) of the event you will be attending.
See detailed information about each Listening Session and information about registration.
Both EEOC and DOJ want to encourage all individuals and organizations who cannot attend this event to make sure you submit comments and attachments electronically at www.regulations.gov the Federal eRulemaking Portal. To submit a comment, you can locate the NPRM by typing in the keyword "ADA Amendments Act." The ID# for the ADAAA regulation is 3046-AA85.
Written comments may also be submitted to Stephen Llewellyn, Executive Secretariat, EEOC, 131 M Street, NE., Suite 4NW08R, Room 6NE03F, Washington, DC 20507. Comments may be transmitted by facsimile (``FAX'') machine by dialing (202) 663-4114. (This is not a toll-free number.) Only comments of six or fewer pages will be accepted via FAX transmittal. Comments must be submitted on or before November 23, 2009.
Background Information
Notice of Proposed Rulemaking (NPRM) [HTML] [PDF]
Question and Answers on the NPRM [HTML] [PDF]
Summary of the NPRM changes [HTML] [PDF] [En Español]
EEOC's Notice Concerning The Americans With Disabilities Act (ADA) Amendments Act of 2008
http://www.eeoc.gov/ada/adaaa-townhall.html
The U.S. Equal Employment Opportunity Commission
ADA Amendments Act of 2008 - Town Hall Meetings
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) Civil Rights Division are holding four full-day Town Hall Listening Sessions in October and November to obtain direct input from the business/employer community and the disability and disability advocacy community on EEOC's proposed regulations under the ADA Amendments Act of 2008 (ADAAA).
Presided over by EEOC's Acting Chair, Stuart J. Ishimaru, Acting Vice Chair, Christine Griffin, and Commissioner Constance S. Barker, as well as DOJ’s Deputy Assistant Attorney General for Civil Rights, Samuel Bagenstos, Counsel to the Assistant Attorney General for Civil Rights, Mazen Baswari, and Chief of the Disability Rights Section of the Civil Rights Division, John Wodatch, the Town Hall Listening Session is an opportunity for these officials to hear directly from stakeholders of all perspectives on the proposed regulations.
The Listening Sessions will be held on October 26th in Oakland, October 30th in Philadelphia, November 17th in Chicago and November 20th in New Orleans.
Five-minute time slots to address the panel will be available from 9:00 a.m. to 4:00 p.m. Some of the slots will be available on an advance registration basis and some on first-come, first-served sign up basis at the event. Members of the public are also invited to attend and view the proceedings, with space available on a first-come, first-served basis.
As a reasonable accommodation, there will be limited availability to provide public input by telephone. To request this accommodation you must register in advance.
Sign Language Interpreters, CART, and assistive listening devices will be available. If you need printed materials in an alternative format please email Elisa.gonzalez.ctr@tma.osd.mil letting her know what you need and the location (city) of the event you will be attending.
See detailed information about each Listening Session and information about registration.
Both EEOC and DOJ want to encourage all individuals and organizations who cannot attend this event to make sure you submit comments and attachments electronically at www.regulations.gov the Federal eRulemaking Portal. To submit a comment, you can locate the NPRM by typing in the keyword "ADA Amendments Act." The ID# for the ADAAA regulation is 3046-AA85.
Written comments may also be submitted to Stephen Llewellyn, Executive Secretariat, EEOC, 131 M Street, NE., Suite 4NW08R, Room 6NE03F, Washington, DC 20507. Comments may be transmitted by facsimile (``FAX'') machine by dialing (202) 663-4114. (This is not a toll-free number.) Only comments of six or fewer pages will be accepted via FAX transmittal. Comments must be submitted on or before November 23, 2009.
Background Information
Notice of Proposed Rulemaking (NPRM) [HTML] [PDF]
Question and Answers on the NPRM [HTML] [PDF]
Summary of the NPRM changes [HTML] [PDF] [En Español]
EEOC's Notice Concerning The Americans With Disabilities Act (ADA) Amendments Act of 2008
http://www.eeoc.gov/ada/adaaa-townhall.html
Friday, October 23, 2009
EEOC TO HOLD LISTENING SESSION OCT. 26 IN OAKLAND TO ADVANCE HIRING OF WORKERS WITH DISABILITIES
The U.S. Equal Employment Opportunity Commission
PRESS RELEASE
10-20-09
Town Hall Forum Allows Public to Comment Directly on Proposed Regulations
SAN FRANCISCO – Top officials of the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice, Office of Civil Rights (DOJ), will jointly hold a town hall listening session to draw public input on new federal regulations and procedures to promote the hiring of people with disabilities. The forum, the first of four in major cities nationwide, will run from 9 a.m. to 4 p.m. on Monday, Oct. 26 at the Greater Bay Area Regional Office, 1111 Broadway, 7th floor, Oakland, Calif.
The EEOC-DOJ listening sessions are part of a series of national initiatives by the Obama Administration to ensure fair and equal access to employment for all Americans, particularly the 54 million people in this country living with disabilities. The sessions provide direct input from the business/employer communities as well as the disability and disability advocacy community on proposed regulations in the recently enacted Americans with Disabilities Amendments Act.
"The EEOC continues pressing to empower individuals with disabilities to participate to the fullest extent possible in the American workplace," said Acting EEOC Chairman Stuart J. Ishimaru. "We're pleased to hold listening sessions around the country in conjunction with the Department of Justice and to play a lead role in the Administration's initiative."
Acting EEOC Vice Chair Christine M. Griffin said, “For too long, Americans with disabilities have been pushed to the rear of the hiring line. The EEOC-DOJ town hall listening sessions, in concert with other Administration measures, should position workers with disabilities for a fair chance at a federal job.”
Commissioner Constance Barker said, "I strongly support the Town Hall concept and hope this will be the beginning of similar initiatives by the EEOC to increase transparency and opportunities for public input."
Acting Chairman Ishimaru, Acting Vice Chair Griffin and Commissioner Barker will preside at the Oakland forum, along with DOJ’s Deputy Assistant Attorney General for Civil Rights, Samuel Bagenstos, Counsel to the Assistant Attorney General for Civil Rights, Mazen Baswari, and Chief of the Disability Rights Section of the Civil Rights Division, John Wodatch.
Five-minute time slots to address the panel will be available from 9 a.m. to 4 p.m., some on an advance registration basis and some on first-come, first-served sign up basis at the event. Members of the public are also invited to attend and view the proceedings, with space available on a first-come, first-served basis. Those wishing to register as a speaker should contact Linda Li at 415-625-5618 (TTY 415-625-5610) or Linda.Li@eeoc.gov. Speakers are also invited to submit written statements, either at the event or on-line at www.regulations.gov. Sign Language Interpreters, CART, and assistive listening devices will be available. Persons requiring printed materials in an alternative format should email Elisa.gonzalez.ctr@tma.osd.mil, noting specific needs and the location (city) of the event they will attend.
The listening sessions follow EEOC action last month to approve a Notice of Proposed Rulemaking (NPRM) that implements the amendments to the ADA. On Sept. 16, the EEOC approved a revision to its regulations providing that an individual seeking protection under the ADA establish that he or she has a disability consistent with the original, expansive intent of Congress when it enacted the statute in 1990. The amendments provide increased opportunity for persons with disabilities by returning the ADA to the broad and strong civil rights statute that Congress originally intended. The NPRM carries a 60-day period for public comment.
The EEOC is responsible for enforcing Title I of the ADA, which prohibits employment discrimination against individuals with disabilities. The statute requires employers to make reasonable accommodations to employees and job applicants with disabilities – defined as people with mental or physical impairments that substantially limit a major life activity, persons with a record of a disability, or who, while not actually disabled, are regarded as disabled.
The ADA Amendments Act, which went into effect Jan. 1, 2009, states that Congress expects the EEOC to revise its regulations to conform to changes made by the Act, and expressly authorizes the EEOC to do so.
Consistent with the ADAAA, the NPRM emphasizes that the definition of disability -- an impairment that poses a substantial limitation in a major life activity -- must be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA, and should not require extensive analysis; that major life activities include “major bodily functions”; that mitigating measures, such as medications and devices that people use to reduce or eliminate the effects of an impairment, are not to be considered when determining whether someone has a disability; and that impairments that are episodic or in remission, such as epilepsy, cancer, and many kinds of psychiatric impairments, are disabilities if they would “substantially limit” major life activities when active. The regulation also provides a more straightforward way of demonstrating a substantial limitation in the major life activity of working, and implements the ADAAA’s new standard for determining whether someone is “regarded as” having a disability.
The EEOC is responsible for enforcing federal laws prohibiting employment discrimination. Further information about the listening sessions and the EEOC is available on the agency’s web site at www.eeoc.gov.
PRESS RELEASE
10-20-09
Town Hall Forum Allows Public to Comment Directly on Proposed Regulations
SAN FRANCISCO – Top officials of the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice, Office of Civil Rights (DOJ), will jointly hold a town hall listening session to draw public input on new federal regulations and procedures to promote the hiring of people with disabilities. The forum, the first of four in major cities nationwide, will run from 9 a.m. to 4 p.m. on Monday, Oct. 26 at the Greater Bay Area Regional Office, 1111 Broadway, 7th floor, Oakland, Calif.
The EEOC-DOJ listening sessions are part of a series of national initiatives by the Obama Administration to ensure fair and equal access to employment for all Americans, particularly the 54 million people in this country living with disabilities. The sessions provide direct input from the business/employer communities as well as the disability and disability advocacy community on proposed regulations in the recently enacted Americans with Disabilities Amendments Act.
"The EEOC continues pressing to empower individuals with disabilities to participate to the fullest extent possible in the American workplace," said Acting EEOC Chairman Stuart J. Ishimaru. "We're pleased to hold listening sessions around the country in conjunction with the Department of Justice and to play a lead role in the Administration's initiative."
Acting EEOC Vice Chair Christine M. Griffin said, “For too long, Americans with disabilities have been pushed to the rear of the hiring line. The EEOC-DOJ town hall listening sessions, in concert with other Administration measures, should position workers with disabilities for a fair chance at a federal job.”
Commissioner Constance Barker said, "I strongly support the Town Hall concept and hope this will be the beginning of similar initiatives by the EEOC to increase transparency and opportunities for public input."
Acting Chairman Ishimaru, Acting Vice Chair Griffin and Commissioner Barker will preside at the Oakland forum, along with DOJ’s Deputy Assistant Attorney General for Civil Rights, Samuel Bagenstos, Counsel to the Assistant Attorney General for Civil Rights, Mazen Baswari, and Chief of the Disability Rights Section of the Civil Rights Division, John Wodatch.
Five-minute time slots to address the panel will be available from 9 a.m. to 4 p.m., some on an advance registration basis and some on first-come, first-served sign up basis at the event. Members of the public are also invited to attend and view the proceedings, with space available on a first-come, first-served basis. Those wishing to register as a speaker should contact Linda Li at 415-625-5618 (TTY 415-625-5610) or Linda.Li@eeoc.gov. Speakers are also invited to submit written statements, either at the event or on-line at www.regulations.gov. Sign Language Interpreters, CART, and assistive listening devices will be available. Persons requiring printed materials in an alternative format should email Elisa.gonzalez.ctr@tma.osd.mil, noting specific needs and the location (city) of the event they will attend.
The listening sessions follow EEOC action last month to approve a Notice of Proposed Rulemaking (NPRM) that implements the amendments to the ADA. On Sept. 16, the EEOC approved a revision to its regulations providing that an individual seeking protection under the ADA establish that he or she has a disability consistent with the original, expansive intent of Congress when it enacted the statute in 1990. The amendments provide increased opportunity for persons with disabilities by returning the ADA to the broad and strong civil rights statute that Congress originally intended. The NPRM carries a 60-day period for public comment.
The EEOC is responsible for enforcing Title I of the ADA, which prohibits employment discrimination against individuals with disabilities. The statute requires employers to make reasonable accommodations to employees and job applicants with disabilities – defined as people with mental or physical impairments that substantially limit a major life activity, persons with a record of a disability, or who, while not actually disabled, are regarded as disabled.
The ADA Amendments Act, which went into effect Jan. 1, 2009, states that Congress expects the EEOC to revise its regulations to conform to changes made by the Act, and expressly authorizes the EEOC to do so.
Consistent with the ADAAA, the NPRM emphasizes that the definition of disability -- an impairment that poses a substantial limitation in a major life activity -- must be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA, and should not require extensive analysis; that major life activities include “major bodily functions”; that mitigating measures, such as medications and devices that people use to reduce or eliminate the effects of an impairment, are not to be considered when determining whether someone has a disability; and that impairments that are episodic or in remission, such as epilepsy, cancer, and many kinds of psychiatric impairments, are disabilities if they would “substantially limit” major life activities when active. The regulation also provides a more straightforward way of demonstrating a substantial limitation in the major life activity of working, and implements the ADAAA’s new standard for determining whether someone is “regarded as” having a disability.
The EEOC is responsible for enforcing federal laws prohibiting employment discrimination. Further information about the listening sessions and the EEOC is available on the agency’s web site at www.eeoc.gov.
Monday, October 19, 2009
EEOC and DOJ Town Hall in Chicago
(From the EEOC)
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) Civil Rights Division announce a full-day Town Hall Listening Session, on Tuesday, November 17, 2009, from 9:00 a.m. to 4:00 p.m. at Access Living, 115 West Chicago Avenue, Chicago, IL 60654.
This is one of a series of forums for public input being held throughout the country in coming weeks to obtain direct input from the business/employer communities as well as the disability and disability advocacy community on EEOC's proposed regulations under the ADA Amendments Act of 2008 (ADAAA).
Presided over by EEOC's Acting Chair, Stuart J. Ishimaru, Acting Vice Chair, Christine Griffin, and Commissioner Constance S. Barker, as well as DOJâD™s Deputy Assistant Attorney General for Civil Rights, Samuel Bagenstos, Counsel to the Assistant Attorney General for Civil Rights, Mazen Baswari, and Chief of the Disability Rights Section of the Civil Rights Division, John Wodatch, the Town Hall Listening Session is an opportunity for these officials to hear directly from stakeholders of all perspectives on the proposed regulations.
Five-minute time slots to address the panel will be available from 9:00 a.m. to 4:00 p.m. Some of the slots will be available on an advance registration basis and some on first-come, first-served sign up basis at the event. Members of the public are also invited to attend and view the proceedings, with space available on a first-come, first-served basis.
As a reasonable accommodation, there will be limited availability to provide public input by telephone. To request this accommodation you must register in advance.
Individuals representing themselves or organizations are urged to take advantage of this opportunity to provide input on the EEOC's Notice of Proposed Rulemaking which can be viewed, along with a question-and-answer guide, at www.eeoc.gov.
For more information, or to register as a speaker, please contact Ms. Rita Coffey at 312-353-7254 (TTY 312-353-2421) or at Rita.Coffey@eeoc.gov
Sign Language Interpreters, CART, and assistive listening devices will be available. If you need printed materials in an alternative format please email Elisa.gonzalez.ctr@tma.osd.mil Please let her know what you need and the location (city) of the event you will be attending.
Both EEOC and DOJ want to encourage all individuals and organizations who cannot attend this event to make sure you submit comments and attachments electronically at http://www.regulations.gov, the Federal eRulemaking Portal. The ID # is 3046-AA85. Written comments may also be submitted to Stephen Llewellyn, Executive Secretariat, EEOC, 131 M Street, NE., Suite 4NW08R, Room 6NE03F, Washington, DC 20507. Comments may be transmitted by facsimile (``FAX'') machine by dialing (202) 663-4114. (This is not a toll-free number.) Only comments of six or fewer pages will be accepted via FAX transmittal. Comments must be submitted on or before November 23, 2009.
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) Civil Rights Division announce a full-day Town Hall Listening Session, on Tuesday, November 17, 2009, from 9:00 a.m. to 4:00 p.m. at Access Living, 115 West Chicago Avenue, Chicago, IL 60654.
This is one of a series of forums for public input being held throughout the country in coming weeks to obtain direct input from the business/employer communities as well as the disability and disability advocacy community on EEOC's proposed regulations under the ADA Amendments Act of 2008 (ADAAA).
Presided over by EEOC's Acting Chair, Stuart J. Ishimaru, Acting Vice Chair, Christine Griffin, and Commissioner Constance S. Barker, as well as DOJâD™s Deputy Assistant Attorney General for Civil Rights, Samuel Bagenstos, Counsel to the Assistant Attorney General for Civil Rights, Mazen Baswari, and Chief of the Disability Rights Section of the Civil Rights Division, John Wodatch, the Town Hall Listening Session is an opportunity for these officials to hear directly from stakeholders of all perspectives on the proposed regulations.
Five-minute time slots to address the panel will be available from 9:00 a.m. to 4:00 p.m. Some of the slots will be available on an advance registration basis and some on first-come, first-served sign up basis at the event. Members of the public are also invited to attend and view the proceedings, with space available on a first-come, first-served basis.
As a reasonable accommodation, there will be limited availability to provide public input by telephone. To request this accommodation you must register in advance.
Individuals representing themselves or organizations are urged to take advantage of this opportunity to provide input on the EEOC's Notice of Proposed Rulemaking which can be viewed, along with a question-and-answer guide, at www.eeoc.gov.
For more information, or to register as a speaker, please contact Ms. Rita Coffey at 312-353-7254 (TTY 312-353-2421) or at Rita.Coffey@eeoc.gov
Sign Language Interpreters, CART, and assistive listening devices will be available. If you need printed materials in an alternative format please email Elisa.gonzalez.ctr@tma.osd.mil Please let her know what you need and the location (city) of the event you will be attending.
Both EEOC and DOJ want to encourage all individuals and organizations who cannot attend this event to make sure you submit comments and attachments electronically at http://www.regulations.gov, the Federal eRulemaking Portal. The ID # is 3046-AA85. Written comments may also be submitted to Stephen Llewellyn, Executive Secretariat, EEOC, 131 M Street, NE., Suite 4NW08R, Room 6NE03F, Washington, DC 20507. Comments may be transmitted by facsimile (``FAX'') machine by dialing (202) 663-4114. (This is not a toll-free number.) Only comments of six or fewer pages will be accepted via FAX transmittal. Comments must be submitted on or before November 23, 2009.
NEW: EEOC and DOJ to hold Town Hall Meeting on ADA Proposed Regulations:
From the Equal Employment Opportunity Commission:
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) Civil Rights Division announce a full-day Town Hall Listening Session, on Friday, October 30, 2009, from 9:00 a.m. to 4:00 p.m. at Liberty Resources, 714 Market Street, Suite 100, Philadelphia, PA 19106. This is one of a series of forums for public input being held throughout the country in coming weeks to obtain direct input from the business/employer communities as well as the disability and disability advocacy community on EEOC's proposed regulations under the ADA Amendments Act of 2008 (ADAAA). Presided over by EEOC's Acting Chair, Stuart J. Ishimaru, Acting Vice Chair, Christine Griffin, and Commissioner Constance S. Barker, as well as DOJ's Deputy Assistant Attorney General for Civil Rights, Samuel Bagenstos, Counsel to the Assistant Attorney General for Civil Rights, Mazen Baswari, and Chief of the Disability Rights Section of the Civil Rights Division, John Wodatch, the Town Hall Listening Session is an opportunity for these officials to hear directly from stakeholders of all perspectives on the proposed regulations. Five-minute time slots to address the panel will be available from 9:00 a.m. to 4:00 p.m. Some of the slots will be available on an advance registration basis and some on first-come, first-served sign up basis at the event. Members of the public are also invited to attend and view the proceedings, with space available on a first-come, first-served basis. As a reasonable accommodation, there will be limited availability to provide public input by telephone. To request this accommodation you must register in advance. Individuals representing themselves or organizations are urged to take advantage of this opportunity to provide input on the EEOC's Notice of Proposed Rulemaking which can be viewed, along with a question-and-answer guide, at www.eeoc.gov. For more information, or to register as a speaker, please contact Ms. Mary Tiernan at 215-440-2671 (TTY 215-440-2610) or at Mary.Tiernan@eeoc.gov Sign Language Interpreters, CART, and assistive listening devices will be available. If you need printed materials in an alternative format please email Elisa.gonzalez.ctr@tma.osd.mil Please let her know what you need and the location (city) of the event you will be attending. Both EEOC and DOJ want to encourage all individuals and organizations who cannot attend this event to make sure you submit comments and attachments electronically at http://www.regulations.gov, the Federal eRulemaking Portal. The ID # is 3046-AA85. Written comments may also be submitted to Stephen Llewellyn, Executive Secretariat, EEOC, 131 M Street, NE., Suite 4NW08R, Room 6NE03F, Washington, DC 20507. Comments may be transmitted by facsimile (``FAX'') machine by dialing (202) 663-4114. (This is not a toll-free number.) Only comments of six or fewer pages will be accepted via FAX transmittal. Comments must be submitted on or before November 23, 2009.
(If your organization submits comments on these proposed regulations, please share them with AAAA. Email comments to: execdir@affirmativeaction.org. Thanks!)
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) Civil Rights Division announce a full-day Town Hall Listening Session, on Friday, October 30, 2009, from 9:00 a.m. to 4:00 p.m. at Liberty Resources, 714 Market Street, Suite 100, Philadelphia, PA 19106. This is one of a series of forums for public input being held throughout the country in coming weeks to obtain direct input from the business/employer communities as well as the disability and disability advocacy community on EEOC's proposed regulations under the ADA Amendments Act of 2008 (ADAAA). Presided over by EEOC's Acting Chair, Stuart J. Ishimaru, Acting Vice Chair, Christine Griffin, and Commissioner Constance S. Barker, as well as DOJ's Deputy Assistant Attorney General for Civil Rights, Samuel Bagenstos, Counsel to the Assistant Attorney General for Civil Rights, Mazen Baswari, and Chief of the Disability Rights Section of the Civil Rights Division, John Wodatch, the Town Hall Listening Session is an opportunity for these officials to hear directly from stakeholders of all perspectives on the proposed regulations. Five-minute time slots to address the panel will be available from 9:00 a.m. to 4:00 p.m. Some of the slots will be available on an advance registration basis and some on first-come, first-served sign up basis at the event. Members of the public are also invited to attend and view the proceedings, with space available on a first-come, first-served basis. As a reasonable accommodation, there will be limited availability to provide public input by telephone. To request this accommodation you must register in advance. Individuals representing themselves or organizations are urged to take advantage of this opportunity to provide input on the EEOC's Notice of Proposed Rulemaking which can be viewed, along with a question-and-answer guide, at www.eeoc.gov. For more information, or to register as a speaker, please contact Ms. Mary Tiernan at 215-440-2671 (TTY 215-440-2610) or at Mary.Tiernan@eeoc.gov Sign Language Interpreters, CART, and assistive listening devices will be available. If you need printed materials in an alternative format please email Elisa.gonzalez.ctr@tma.osd.mil Please let her know what you need and the location (city) of the event you will be attending. Both EEOC and DOJ want to encourage all individuals and organizations who cannot attend this event to make sure you submit comments and attachments electronically at http://www.regulations.gov, the Federal eRulemaking Portal. The ID # is 3046-AA85. Written comments may also be submitted to Stephen Llewellyn, Executive Secretariat, EEOC, 131 M Street, NE., Suite 4NW08R, Room 6NE03F, Washington, DC 20507. Comments may be transmitted by facsimile (``FAX'') machine by dialing (202) 663-4114. (This is not a toll-free number.) Only comments of six or fewer pages will be accepted via FAX transmittal. Comments must be submitted on or before November 23, 2009.
(If your organization submits comments on these proposed regulations, please share them with AAAA. Email comments to: execdir@affirmativeaction.org. Thanks!)
Monday, September 21, 2009
COMMISSION APPROVES PROPOSED ADA REGULATIONS FOR PUBLIC COMMENT
U.S. Equal Employment Opportunity Commission
PRESS RELEASE
9-16-09
New Regulations Conform to Changes Made by ADA Amendments Act of 2008
WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today approved a Notice of Proposed Rulemaking (NPRM) revising its regulations to provide that an individual seeking protection under the Americans with Disabilities Act (ADA) establish that he or she has a disability consistent with the original, expansive intent of Congress when it enacted the ADA in 1990. The NPRM, approved by 2-1 vote, carries a 60-day period for public comment.
The NPRM makes several significant changes to the definition of the term “disability” necessitated by enactment of the ADA Amendments Act of 2008. The NPRM will be available from the Commission’s website, www.eeoc.gov, along with a question-and-answer guide about the proposal and instructions for submitting public comments.
“Today’s Commission action marks a key step in implementing the landmark Amendments Act, which will smooth the road for those trying to establish disability under the ADA,” said Acting EEOC Chairman Stuart J. Ishimaru. “The Commission acted following careful and thorough deliberations, and we look forward to reviewing any and all public comments before issuing our final regulation.”
Acting EEOC Vice Chair Christine M. Griffin said, “Congress recognized that the intent of the ADA was being misread, that its goals were being compromised, and that action had to be taken. These regulations will shift the focus of the courts away from further narrowing the definition of disability, and put it back where Congress intended when the ADA was enacted in 1990.”
The Americans with Disabilities Act (ADA), an antidiscrimination statute, was signed into law in July 1990. The EEOC is responsible for enforcing Title I of the ADA, which prohibits employment discrimination against individuals with disabilities. The statute requires employers to make reasonable accommodations to employees and job applicants with disabilities—defined as people with mental or physical impairments that substantially limit a major life activity, persons with a record of a disability, or who, while not actually disabled, are regarded as disabled.
The ADA Amendments Act, which went into effect Jan. 1, 2009, states that Congress expects the EEOC to revise its regulations to conform to changes made by the Act, and expressly authorizes the EEOC to do so. The new law rejected the holdings in several Supreme Court decisions and portions of EEOC’s ADA regulations that Congress believed construed the definition of “disability” too narrowly, preventing individuals with impairments such as cancer, diabetes, epilepsy, multiple sclerosis, muscular dystrophy, post-traumatic stress disorder, and bipolar disorder from bringing discrimination claims. The ADA Amendments Act (ADAAA) and the proposed rule make it easier for an individual alleging employment discrimination based on disability to establish that he or she meets the ADA’s definition of “disability.” The ADA Amendments Act also modifies the Rehabilitation Act of 1973, which prohibits employment discrimination in the federal workforce on the basis of disability.
The EEOC voted June 17 to adopt the rules changes, which then went to the Office of Management and Budget for review, and to federal agencies.
Consistent with the ADAAA, the NPRM emphasizes that the definition of disability -- an impairment that poses a substantial limitation in a major life activity -- must be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA, and should not require extensive analysis; that major life activities include “major bodily functions”; that mitigating measures, such as medications and devices that people use to reduce or eliminate the effects of an impairment, are not to be considered when determining whether someone has a disability; and that impairments that are episodic or in remission, such as epilepsy, cancer, and many kinds of psychiatric impairments, are disabilities if they would “substantially limit” major life activities when active. The regulation also provides a more straightforward way of demonstrating a substantial limitation in the major life activity of working, and implements the ADAAA’s new standard for determining whether someone is “regarded as” having a disability.
The 60-day public comment period on the proposed rule-making will officially commence upon publication of the NPRM in the Federal Register, which is expected to be published the week of September 21, 2009. The EEOC encourages the public to offer its views and suggestions.
The EEOC is responsible for enforcing federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
PRESS RELEASE
9-16-09
New Regulations Conform to Changes Made by ADA Amendments Act of 2008
WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today approved a Notice of Proposed Rulemaking (NPRM) revising its regulations to provide that an individual seeking protection under the Americans with Disabilities Act (ADA) establish that he or she has a disability consistent with the original, expansive intent of Congress when it enacted the ADA in 1990. The NPRM, approved by 2-1 vote, carries a 60-day period for public comment.
The NPRM makes several significant changes to the definition of the term “disability” necessitated by enactment of the ADA Amendments Act of 2008. The NPRM will be available from the Commission’s website, www.eeoc.gov, along with a question-and-answer guide about the proposal and instructions for submitting public comments.
“Today’s Commission action marks a key step in implementing the landmark Amendments Act, which will smooth the road for those trying to establish disability under the ADA,” said Acting EEOC Chairman Stuart J. Ishimaru. “The Commission acted following careful and thorough deliberations, and we look forward to reviewing any and all public comments before issuing our final regulation.”
Acting EEOC Vice Chair Christine M. Griffin said, “Congress recognized that the intent of the ADA was being misread, that its goals were being compromised, and that action had to be taken. These regulations will shift the focus of the courts away from further narrowing the definition of disability, and put it back where Congress intended when the ADA was enacted in 1990.”
The Americans with Disabilities Act (ADA), an antidiscrimination statute, was signed into law in July 1990. The EEOC is responsible for enforcing Title I of the ADA, which prohibits employment discrimination against individuals with disabilities. The statute requires employers to make reasonable accommodations to employees and job applicants with disabilities—defined as people with mental or physical impairments that substantially limit a major life activity, persons with a record of a disability, or who, while not actually disabled, are regarded as disabled.
The ADA Amendments Act, which went into effect Jan. 1, 2009, states that Congress expects the EEOC to revise its regulations to conform to changes made by the Act, and expressly authorizes the EEOC to do so. The new law rejected the holdings in several Supreme Court decisions and portions of EEOC’s ADA regulations that Congress believed construed the definition of “disability” too narrowly, preventing individuals with impairments such as cancer, diabetes, epilepsy, multiple sclerosis, muscular dystrophy, post-traumatic stress disorder, and bipolar disorder from bringing discrimination claims. The ADA Amendments Act (ADAAA) and the proposed rule make it easier for an individual alleging employment discrimination based on disability to establish that he or she meets the ADA’s definition of “disability.” The ADA Amendments Act also modifies the Rehabilitation Act of 1973, which prohibits employment discrimination in the federal workforce on the basis of disability.
The EEOC voted June 17 to adopt the rules changes, which then went to the Office of Management and Budget for review, and to federal agencies.
Consistent with the ADAAA, the NPRM emphasizes that the definition of disability -- an impairment that poses a substantial limitation in a major life activity -- must be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA, and should not require extensive analysis; that major life activities include “major bodily functions”; that mitigating measures, such as medications and devices that people use to reduce or eliminate the effects of an impairment, are not to be considered when determining whether someone has a disability; and that impairments that are episodic or in remission, such as epilepsy, cancer, and many kinds of psychiatric impairments, are disabilities if they would “substantially limit” major life activities when active. The regulation also provides a more straightforward way of demonstrating a substantial limitation in the major life activity of working, and implements the ADAAA’s new standard for determining whether someone is “regarded as” having a disability.
The 60-day public comment period on the proposed rule-making will officially commence upon publication of the NPRM in the Federal Register, which is expected to be published the week of September 21, 2009. The EEOC encourages the public to offer its views and suggestions.
The EEOC is responsible for enforcing federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
Friday, March 13, 2009
Notice Concerning The Americans With Disabilities Act (ADA) Amendments Act of 2008
The U.S. Equal Employment Opportunity Commission
March 10, 2009
On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 ("ADA Amendments Act" or "Act"). The Act emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.
The Act makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of EEOC's ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.
The Act retains the ADA's basic definition of "disability" as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that these statutory terms should be interpreted in several ways. Most significantly, the Act:
directs EEOC to revise that portion of its regulations defining the term "substantially limits";
expands the definition of "major life activities" by including two non-exhaustive lists:
the first list includes many activities that the EEOC has recognized (e.g., walking) as well as activities that EEOC has not specifically recognized (e.g., reading, bending, and communicating);
the second list includes major bodily functions (e.g., "functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions");
states that mitigating measures other than "ordinary eyeglasses or contact lenses" shall not be considered in assessing whether an individual has a disability;
clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;
changes the definition of "regarded as" so that it no longer requires a showing that the employer perceived the individual to be substantially limited in a major life activity, and instead says that an applicant or employee is "regarded as" disabled if he or she is subject to an action prohibited by the ADA (e.g., failure to hire or termination) based on an impairment that is not transitory and minor;
provides that individuals covered only under the "regarded as" prong are not entitled to reasonable accommodation.
EEOC will be evaluating the impact of these changes on its enforcement guidances and other publications addressing the ADA.
Effective Date:
The ADA Amendments Act is effective as of January 1, 2009.
March 10, 2009
On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 ("ADA Amendments Act" or "Act"). The Act emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.
The Act makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of EEOC's ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.
The Act retains the ADA's basic definition of "disability" as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that these statutory terms should be interpreted in several ways. Most significantly, the Act:
directs EEOC to revise that portion of its regulations defining the term "substantially limits";
expands the definition of "major life activities" by including two non-exhaustive lists:
the first list includes many activities that the EEOC has recognized (e.g., walking) as well as activities that EEOC has not specifically recognized (e.g., reading, bending, and communicating);
the second list includes major bodily functions (e.g., "functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions");
states that mitigating measures other than "ordinary eyeglasses or contact lenses" shall not be considered in assessing whether an individual has a disability;
clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;
changes the definition of "regarded as" so that it no longer requires a showing that the employer perceived the individual to be substantially limited in a major life activity, and instead says that an applicant or employee is "regarded as" disabled if he or she is subject to an action prohibited by the ADA (e.g., failure to hire or termination) based on an impairment that is not transitory and minor;
provides that individuals covered only under the "regarded as" prong are not entitled to reasonable accommodation.
EEOC will be evaluating the impact of these changes on its enforcement guidances and other publications addressing the ADA.
Effective Date:
The ADA Amendments Act is effective as of January 1, 2009.
Tuesday, September 30, 2008
President Bush Signs Landmark Amendments to the Americans with Disabilities Act
With praise from disability groups and business organizations alike, President George W. Bush has signed into law amendments to the Americans with Disabilities Act (“ADA”) that will significantly expand the protections afforded to disabled individuals. The new law, entitled the ADA Amendments Act of 2008 (“ADAAA”), expressly overturns several landmark Supreme Court decisions narrowly interpreting the definition of “disability” and will make disposing of ADA cases prior to trial more challenging for employers. The changes to the ADA take effect on January 1, 2009.
Background
The ADA was signed into law by President Bush’s father, President George H. W. Bush, on July 26, 1990. Title I of the ADA prohibits employers from discriminating against a qualified individual with a “disability.”
When the ADA was enacted, the definition of “disability” already had been interpreted broadly by the courts under the Rehabilitation Act, a law upon which the ADA was modeled. The ADA’s flexible definition of “disability” triggered claims by individuals with relatively minor or temporarily disabling conditions.
Beginning in the late 1990s, the U.S. Supreme Court decided a series of cases in which it confronted, for the first time, the ADA’s potential broad coverage. Fearing that the ADA’s coverage would be much more expansive than Congress intended, the Supreme Court narrowed the scope of the ADA’s “disability” definition by seizing on the ADA’s “findings” that “some 43,000,000 Americans have one or more physical or mental disabilities” and that individuals with disabilities are a “discrete and insular minority.” In the years that followed, studies revealed that employers prevailed in more than 90 percent of all ADA cases.
In the aftermath of these decisions and research, the National Council on Disability (“NCD”) issued a report in December 2004 stating that new legislation was needed to “restore” the ADA and proposed a draft bill entitled the ADA Restoration Act of 2004. Although it declined to pursue the broad proposal urged by the NCD, in 2007, Congress introduced its own ADA Restoration Act, which sought to eliminate the requirement that plaintiffs prove impairments “substantially limit” one or more “major life activities.”
Fearing the pendulum might shift too far in the other direction and, in some ways, lower the value of the ADA’s protections for people with more disabling conditions, members of Congress later pushed for a more limited bill with a better chance of enactment. Disability groups and business organizations, along with Democrats and Republicans in both the House of Representatives and the Senate, worked together to forge a compromise bill. Their efforts culminated in the ADA Amendments Act of 2008, which passed through Congress with overwhelming bipartisan support.
According to Jackson Lewis Partner and National Coordinator of the Firm’s Disability, Leave and Health Management Practice Group, Frank Alvarez, “Many of the ADAAA’s changes are good and the final bill is much better than the legislation that was initially introduced. It essentially puts the ADA back to where most thought it would be when it became effective in 1992.”
A Closer Look at the ADAAA’s Provisions
Congressional Findings and Purposes
The ADAAA propounds an extensive list of congressional findings and purposes that will shape how the Equal Employment Opportunity Commission (“EEOC”) and courts interpret and apply the ADA. Explicitly rejecting the Supreme Court’s decisions in Sutton v. United Airlines, Inc. and Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, the legislation provides: “[T]he question of whether an individual’s impairment is a disability under the ADA should not demand extensive analysis.” The legislation also directs the EEOC to draft new regulations requiring a less demanding standard for an individual to establish a substantially limiting physical or mental impairment under the ADA.
The ADAAA removes the original findings in the ADA regarding the number of Americans with disabilities (43 million) and the finding that individuals with disabilities are “a discrete and insular minority.” By removing this language, Congress explicitly enlarged the class of individuals the ADA is intended to protect, thus eliminating the historical basis cited by the Supreme Court for narrowly construing the definition of “disability” under the ADA.
A Closer Look at the ADAAA’s Provisions
Congressional Findings and Purposes
The ADAAA propounds an extensive list of congressional findings and purposes that will shape how the Equal Employment Opportunity Commission (“EEOC”) and courts interpret and apply the ADA. Explicitly rejecting the Supreme Court’s decisions in Sutton v. United Airlines, Inc. and Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, the legislation provides: “[T]he question of whether an individual’s impairment is a disability under the ADA should not demand extensive analysis.” The legislation also directs the EEOC to draft new regulations requiring a less demanding standard for an individual to establish a substantially limiting physical or mental impairment under the ADA.
The ADAAA removes the original findings in the ADA regarding the number of Americans with disabilities (43 million) and the finding that individuals with disabilities are “a discrete and insular minority.” By removing this language, Congress explicitly enlarged the class of individuals the ADA is intended to protect, thus eliminating the historical basis cited by the Supreme Court for narrowly construing the definition of “disability” under the ADA.
Definition of Disability
While the ADAAA retains the ADA’s definition of “disability,” it provides that term “shall be construed in favor of broad coverage of individuals . . . to the maximum extent permitted by the terms of [the ADA.]” The ADAAA also clarifies that “[a]n impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.” The ADAAA’s congressional findings and purposes state the EEOC’s existing regulations interpreting the term “substantially limits” are “inconsistent with congressional intent, by expressing too high a standard” and express “Congress’ expectation that the [EEOC] will revise that portion of its current regulations that defines the term ‘substantially limits’ as ‘significantly restricted’ to be consistent with [the ADA].”
It is unclear precisely what the EEOC’s revised standard will be. However, given the ADAAA’s
congressional findings “that the question of whether an individual’s impairment is a disability under the ADA should not demand extensive analysis,” whether an individual’s impairment rises to the level of a “disability” under the ADA will certainly be an easier standard to meet and, as a corollary, likely will not be a determinative factor in resolving summary judgment motions in an employer’s favor.
No Consideration of Mitigating Measures
Overruling the Supreme Court’s Sutton v. United Air Lines decision, the ADAAA prevents courts and employers from considering mitigating measures an individual may be using when determining whether the individual is disabled. The only exceptions are ordinary eyeglasses and contact lenses.
“Regarded As” Having a Disability
The ADAAA lowers the standard to prove an employer discriminated against an individual whom it “regarded as” having a disability. Traditionally, individuals claiming they were “regarded as” having disabilities had to prove the employer mistakenly regarded them as having impairments that substantially limited a major life activity. The ADAAA will now hold an employer liable under a “regarded as” theory if individuals can prove discrimination because of an actual or perceived physical or mental impairment, whether or not the impairment actually limits or is perceived to limit a major life activity.
There is some good news for employers on the “regarded as” front. The ADAAA clarifies that “regarded as” claims cannot be based on transitory and minor impairments where the impairment is expected to last less than six months. Also, employers are not required to provide a reasonable accommodation to individuals who are regarded as disabled, an issue over which the federal courts of appeals were previously split.
The Potential Impact of the ADAAA on Employers
Litigation under the ADA will no doubt become more complex as the emphasis shifts away from whether plaintiffs are disabled and toward questions of whether employers have complied with the law. While employers have traditionally prevailed in more than 90 percent of all ADA lawsuits, this was principally due to the difficulty plaintiffs had in proving they were “disabled” under the statute. With this largely removed, employers should be prepared to litigate more challenging issues, such as the scope and meaning of “reasonable accommodation,” “undue hardship” and “essential job functions” to establish compliance with ADA obligations.
Some other emerging ADA areas will likely include: whether specific performance or conduct standards are “job-related and consistent with business necessity”; what workplace risks satisfy the ADA’s “direct threat” standard; and standards for determining whether an employer has sufficiently explored “reassignment” as a reasonable accommodation. Employers are also likely to see a rise in “regarded as” claims in light of the ADAAA’s lower evidentiary standard for proving these claims. Beyond litigation, employers will need to provide reasonable accommodations with much greater frequency.
What Employers Should Do Now
With the ADAAA going into effect on January 1, 2009, now is the time for employers to review existing procedures for ADA compliance at every stage, including hiring, medical testing, accommodation, leave and termination. Employers must prepare to inject flexibility into their policies and practices to meet the ADA’s demanding standard for reasonable accommodations. According to Mr. Alvarez, “Employers should train supervisors on individualized assessments and develop protocols or guidelines for responding to workplace limitations posed by injuries or illnesses. Forget about trying to discern whether someone meets the ADA definition of ‘disability’ – it’s a litigation issue at best, and, in most cases, a losing one.”
Among other things, Mr. Alvarez suggests employers review job descriptions since they are frequently a starting point for an individualized assessment. Employers also should consider implementing a formalized process for addressing reasonable accommodation requests or reviewing reasonable accommodation procedures already in place. Employers skilled in “individualized assessment” often rely on forms, internal guidelines, or template letters to help facilitate communication with individuals with disabilities and their healthcare providers. These practices will become both more common and indispensable as employers grapple with a more demanding and relevant ADA.
Summing up the import of the ADAAA’s passage, Mr. Alvarez offered the following: “The nation clearly supports efforts to protect people with disabilities. No one can argue with the statute’s intentions. But supporting and implementing this law are two different things. Employers need to accept, embrace and master uncertainty. The ADA is a concept law. There are few bright lines or hard and fast rules. People with disabilities feel like they have been denied the rights they were promised back in 1990. Come January 1, 2009, employers should expect to see a significant shift in efforts to enforce the ADA’s prohibitions against disability discrimination. Some employers are ready. Many are not.”
Prepared by Jackson Lewis LLP. www.jacksonlewis.com
Background
The ADA was signed into law by President Bush’s father, President George H. W. Bush, on July 26, 1990. Title I of the ADA prohibits employers from discriminating against a qualified individual with a “disability.”
When the ADA was enacted, the definition of “disability” already had been interpreted broadly by the courts under the Rehabilitation Act, a law upon which the ADA was modeled. The ADA’s flexible definition of “disability” triggered claims by individuals with relatively minor or temporarily disabling conditions.
Beginning in the late 1990s, the U.S. Supreme Court decided a series of cases in which it confronted, for the first time, the ADA’s potential broad coverage. Fearing that the ADA’s coverage would be much more expansive than Congress intended, the Supreme Court narrowed the scope of the ADA’s “disability” definition by seizing on the ADA’s “findings” that “some 43,000,000 Americans have one or more physical or mental disabilities” and that individuals with disabilities are a “discrete and insular minority.” In the years that followed, studies revealed that employers prevailed in more than 90 percent of all ADA cases.
In the aftermath of these decisions and research, the National Council on Disability (“NCD”) issued a report in December 2004 stating that new legislation was needed to “restore” the ADA and proposed a draft bill entitled the ADA Restoration Act of 2004. Although it declined to pursue the broad proposal urged by the NCD, in 2007, Congress introduced its own ADA Restoration Act, which sought to eliminate the requirement that plaintiffs prove impairments “substantially limit” one or more “major life activities.”
Fearing the pendulum might shift too far in the other direction and, in some ways, lower the value of the ADA’s protections for people with more disabling conditions, members of Congress later pushed for a more limited bill with a better chance of enactment. Disability groups and business organizations, along with Democrats and Republicans in both the House of Representatives and the Senate, worked together to forge a compromise bill. Their efforts culminated in the ADA Amendments Act of 2008, which passed through Congress with overwhelming bipartisan support.
According to Jackson Lewis Partner and National Coordinator of the Firm’s Disability, Leave and Health Management Practice Group, Frank Alvarez, “Many of the ADAAA’s changes are good and the final bill is much better than the legislation that was initially introduced. It essentially puts the ADA back to where most thought it would be when it became effective in 1992.”
A Closer Look at the ADAAA’s Provisions
Congressional Findings and Purposes
The ADAAA propounds an extensive list of congressional findings and purposes that will shape how the Equal Employment Opportunity Commission (“EEOC”) and courts interpret and apply the ADA. Explicitly rejecting the Supreme Court’s decisions in Sutton v. United Airlines, Inc. and Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, the legislation provides: “[T]he question of whether an individual’s impairment is a disability under the ADA should not demand extensive analysis.” The legislation also directs the EEOC to draft new regulations requiring a less demanding standard for an individual to establish a substantially limiting physical or mental impairment under the ADA.
The ADAAA removes the original findings in the ADA regarding the number of Americans with disabilities (43 million) and the finding that individuals with disabilities are “a discrete and insular minority.” By removing this language, Congress explicitly enlarged the class of individuals the ADA is intended to protect, thus eliminating the historical basis cited by the Supreme Court for narrowly construing the definition of “disability” under the ADA.
A Closer Look at the ADAAA’s Provisions
Congressional Findings and Purposes
The ADAAA propounds an extensive list of congressional findings and purposes that will shape how the Equal Employment Opportunity Commission (“EEOC”) and courts interpret and apply the ADA. Explicitly rejecting the Supreme Court’s decisions in Sutton v. United Airlines, Inc. and Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, the legislation provides: “[T]he question of whether an individual’s impairment is a disability under the ADA should not demand extensive analysis.” The legislation also directs the EEOC to draft new regulations requiring a less demanding standard for an individual to establish a substantially limiting physical or mental impairment under the ADA.
The ADAAA removes the original findings in the ADA regarding the number of Americans with disabilities (43 million) and the finding that individuals with disabilities are “a discrete and insular minority.” By removing this language, Congress explicitly enlarged the class of individuals the ADA is intended to protect, thus eliminating the historical basis cited by the Supreme Court for narrowly construing the definition of “disability” under the ADA.
Definition of Disability
While the ADAAA retains the ADA’s definition of “disability,” it provides that term “shall be construed in favor of broad coverage of individuals . . . to the maximum extent permitted by the terms of [the ADA.]” The ADAAA also clarifies that “[a]n impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.” The ADAAA’s congressional findings and purposes state the EEOC’s existing regulations interpreting the term “substantially limits” are “inconsistent with congressional intent, by expressing too high a standard” and express “Congress’ expectation that the [EEOC] will revise that portion of its current regulations that defines the term ‘substantially limits’ as ‘significantly restricted’ to be consistent with [the ADA].”
It is unclear precisely what the EEOC’s revised standard will be. However, given the ADAAA’s
congressional findings “that the question of whether an individual’s impairment is a disability under the ADA should not demand extensive analysis,” whether an individual’s impairment rises to the level of a “disability” under the ADA will certainly be an easier standard to meet and, as a corollary, likely will not be a determinative factor in resolving summary judgment motions in an employer’s favor.
No Consideration of Mitigating Measures
Overruling the Supreme Court’s Sutton v. United Air Lines decision, the ADAAA prevents courts and employers from considering mitigating measures an individual may be using when determining whether the individual is disabled. The only exceptions are ordinary eyeglasses and contact lenses.
“Regarded As” Having a Disability
The ADAAA lowers the standard to prove an employer discriminated against an individual whom it “regarded as” having a disability. Traditionally, individuals claiming they were “regarded as” having disabilities had to prove the employer mistakenly regarded them as having impairments that substantially limited a major life activity. The ADAAA will now hold an employer liable under a “regarded as” theory if individuals can prove discrimination because of an actual or perceived physical or mental impairment, whether or not the impairment actually limits or is perceived to limit a major life activity.
There is some good news for employers on the “regarded as” front. The ADAAA clarifies that “regarded as” claims cannot be based on transitory and minor impairments where the impairment is expected to last less than six months. Also, employers are not required to provide a reasonable accommodation to individuals who are regarded as disabled, an issue over which the federal courts of appeals were previously split.
The Potential Impact of the ADAAA on Employers
Litigation under the ADA will no doubt become more complex as the emphasis shifts away from whether plaintiffs are disabled and toward questions of whether employers have complied with the law. While employers have traditionally prevailed in more than 90 percent of all ADA lawsuits, this was principally due to the difficulty plaintiffs had in proving they were “disabled” under the statute. With this largely removed, employers should be prepared to litigate more challenging issues, such as the scope and meaning of “reasonable accommodation,” “undue hardship” and “essential job functions” to establish compliance with ADA obligations.
Some other emerging ADA areas will likely include: whether specific performance or conduct standards are “job-related and consistent with business necessity”; what workplace risks satisfy the ADA’s “direct threat” standard; and standards for determining whether an employer has sufficiently explored “reassignment” as a reasonable accommodation. Employers are also likely to see a rise in “regarded as” claims in light of the ADAAA’s lower evidentiary standard for proving these claims. Beyond litigation, employers will need to provide reasonable accommodations with much greater frequency.
What Employers Should Do Now
With the ADAAA going into effect on January 1, 2009, now is the time for employers to review existing procedures for ADA compliance at every stage, including hiring, medical testing, accommodation, leave and termination. Employers must prepare to inject flexibility into their policies and practices to meet the ADA’s demanding standard for reasonable accommodations. According to Mr. Alvarez, “Employers should train supervisors on individualized assessments and develop protocols or guidelines for responding to workplace limitations posed by injuries or illnesses. Forget about trying to discern whether someone meets the ADA definition of ‘disability’ – it’s a litigation issue at best, and, in most cases, a losing one.”
Among other things, Mr. Alvarez suggests employers review job descriptions since they are frequently a starting point for an individualized assessment. Employers also should consider implementing a formalized process for addressing reasonable accommodation requests or reviewing reasonable accommodation procedures already in place. Employers skilled in “individualized assessment” often rely on forms, internal guidelines, or template letters to help facilitate communication with individuals with disabilities and their healthcare providers. These practices will become both more common and indispensable as employers grapple with a more demanding and relevant ADA.
Summing up the import of the ADAAA’s passage, Mr. Alvarez offered the following: “The nation clearly supports efforts to protect people with disabilities. No one can argue with the statute’s intentions. But supporting and implementing this law are two different things. Employers need to accept, embrace and master uncertainty. The ADA is a concept law. There are few bright lines or hard and fast rules. People with disabilities feel like they have been denied the rights they were promised back in 1990. Come January 1, 2009, employers should expect to see a significant shift in efforts to enforce the ADA’s prohibitions against disability discrimination. Some employers are ready. Many are not.”
Prepared by Jackson Lewis LLP. www.jacksonlewis.com
Friday, September 26, 2008
Advocates Praised as Bush Signs Bill to Restore ADA
ADAWatch.org
National Coalition for Disability Rights
601 Pennsylvania Avenue, NW, Suite 900S
Washington, DC 20004
NEWS RELEASE
September 25, 2008
ADA Watch and the National Coalition for Disability Rights Praises Advocates and Policymakers As President Bush Signs ADA Amendments Act into Law
(Washington, DC) For nearly two years, disability rights advocates have traveled the Nation in a modified bus educating citizens and policymakers alike of the pressing need to restore vital civil rights protections of the Americans with Disabilities Act (ADA).
Today, President Bush signed the ADA Amendments Act into law and ADA Watch and the National Coalition for Disability Rights, the nonprofit organizations behind the Road To Freedom bus tour, praised all of those involved in this successful campaign to advance disability rights.
In recent years, the ADA - the world's first human rights law for people with disabilities - has been dramatically narrowed in the courts leaving citizens with epilepsy, diabetes, mental illness, HIV-AIDS and other disabilities unprotected from discrimination. The ADA Amendments Act clarifies the intent of Congress and reverses the "judicial activism" that has resulted in more than 95% of employment-related ADA cases being dismissed on summary judgment.
Senator Tom Harkin (D-Iowa), lead sponsor of the ADA Amendments Act, acknowledged ADA Watch/NCDR's role in passage of this legislation on the floor of the Senate, thanking the Road To Freedom's crew for "dedicating almost 2 years of their lives traveling on a bus around the country to every State, showing people about the importance of restoring the protections of ADA."
ADA Watch/NCDR founder and president, Jim Ward stated today, "This is a monumental victory for people with disabilities. As America seeks to respond to the economic challenges we face, this law - if enforced - will ensure that people with disabilities are fairly included in the workforce and that we can do our jobs free from discrimination."
"ADA Watch and the National Coalition for Disability Rights praises the thousands of Americans who produced and participated in Road To Freedom bus stops as, together, we called for restoration of the ADA. Likewise, we praise the tireless efforts of advocates such as Andy Imparato, Sandy Finucane, Curt Decker, Chai Feldblum, Jennifer Mathis, Arlene Mayerson, Shereen Arent, Donna Meltzer, Nancy Zirkin, Michael Collins, Yoshiko Dart, Tom Olin, Debbie Fletter Ward and so many others." ADA Watch and the National Coalition for Disability Rights (NCDR) is a coalition of national, state and local disability, civil rights and social justice organizations united to protect and promote the human rights of children and adults with physical and mental disabilities. For more information, go to www.adawatch.org and www.roadtofreedom.org
###
National Coalition for Disability Rights
601 Pennsylvania Avenue, NW, Suite 900S
Washington, DC 20004
NEWS RELEASE
September 25, 2008
ADA Watch and the National Coalition for Disability Rights Praises Advocates and Policymakers As President Bush Signs ADA Amendments Act into Law
(Washington, DC) For nearly two years, disability rights advocates have traveled the Nation in a modified bus educating citizens and policymakers alike of the pressing need to restore vital civil rights protections of the Americans with Disabilities Act (ADA).
Today, President Bush signed the ADA Amendments Act into law and ADA Watch and the National Coalition for Disability Rights, the nonprofit organizations behind the Road To Freedom bus tour, praised all of those involved in this successful campaign to advance disability rights.
In recent years, the ADA - the world's first human rights law for people with disabilities - has been dramatically narrowed in the courts leaving citizens with epilepsy, diabetes, mental illness, HIV-AIDS and other disabilities unprotected from discrimination. The ADA Amendments Act clarifies the intent of Congress and reverses the "judicial activism" that has resulted in more than 95% of employment-related ADA cases being dismissed on summary judgment.
Senator Tom Harkin (D-Iowa), lead sponsor of the ADA Amendments Act, acknowledged ADA Watch/NCDR's role in passage of this legislation on the floor of the Senate, thanking the Road To Freedom's crew for "dedicating almost 2 years of their lives traveling on a bus around the country to every State, showing people about the importance of restoring the protections of ADA."
ADA Watch/NCDR founder and president, Jim Ward stated today, "This is a monumental victory for people with disabilities. As America seeks to respond to the economic challenges we face, this law - if enforced - will ensure that people with disabilities are fairly included in the workforce and that we can do our jobs free from discrimination."
"ADA Watch and the National Coalition for Disability Rights praises the thousands of Americans who produced and participated in Road To Freedom bus stops as, together, we called for restoration of the ADA. Likewise, we praise the tireless efforts of advocates such as Andy Imparato, Sandy Finucane, Curt Decker, Chai Feldblum, Jennifer Mathis, Arlene Mayerson, Shereen Arent, Donna Meltzer, Nancy Zirkin, Michael Collins, Yoshiko Dart, Tom Olin, Debbie Fletter Ward and so many others." ADA Watch and the National Coalition for Disability Rights (NCDR) is a coalition of national, state and local disability, civil rights and social justice organizations united to protect and promote the human rights of children and adults with physical and mental disabilities. For more information, go to www.adawatch.org and www.roadtofreedom.org
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Monday, September 22, 2008
Rights for the Disabled
The Washington Post
Editorial
Congress approves landmark protections for disabled workers.
Monday, September 22, 2008; A14
IT WENT largely unnoticed in a week of economic upheaval, but Congress approved one of the more momentous pieces of civil rights legislation in recent years. The bill, passed overwhelmingly in the House and by unanimous consent in the Senate, will significantly broaden protections for the disabled. It instructs the Supreme Court to act "in favor of broad coverage," a distinction that should make it easier for disabled workers to claim discrimination. By explicitly arguing for a less constrictive interpretation, lawmakers sought to restore the intent of the original Americans With Disabilities Act of 1990; the Supreme Court has imposed a consistently narrow interpretation of the ADA. President Bush has said that he will sign the bill into law despite previous concerns that the legislation would spur excess litigation.
The legislation is the result of two years of remarkable cooperation between business groups and disability rights organizations. The compromise strikes a balance as it guarantees rights for workers with "actual or perceived impairments." For example, airlines can no longer discriminate against prospective pilots if the applicants employ "mitigating measures," such as corrective eyewear. At the same time, the bill limits unwarranted claims by requiring that workers prove they have a disability that "would substantially limit a major life activity when active." The bill will also provide protection, for the first time, to workers with serious ailments such as diabetes, epilepsy and cancer.
Business and disability groups are pleased with the final version of the bill and said that collaborating on the legislation should reduce the number of lawsuits over its implementation. The direct language of the bill, and the laudable cooperation that forged it, should also improve employment levels for the disabled. Two out of three people with significant disabilities are unemployed, a disturbing statistic that disability organizations say is unchanged from when the original ADA became law. This time, Congress's intent is clear, and we hope the courts follow it. http://www.washingtonpost.com/wp-dyn/content/article/2008/09/21/AR2008092101645.html?wpisrc=newsletter
Editorial
Congress approves landmark protections for disabled workers.
Monday, September 22, 2008; A14
IT WENT largely unnoticed in a week of economic upheaval, but Congress approved one of the more momentous pieces of civil rights legislation in recent years. The bill, passed overwhelmingly in the House and by unanimous consent in the Senate, will significantly broaden protections for the disabled. It instructs the Supreme Court to act "in favor of broad coverage," a distinction that should make it easier for disabled workers to claim discrimination. By explicitly arguing for a less constrictive interpretation, lawmakers sought to restore the intent of the original Americans With Disabilities Act of 1990; the Supreme Court has imposed a consistently narrow interpretation of the ADA. President Bush has said that he will sign the bill into law despite previous concerns that the legislation would spur excess litigation.
The legislation is the result of two years of remarkable cooperation between business groups and disability rights organizations. The compromise strikes a balance as it guarantees rights for workers with "actual or perceived impairments." For example, airlines can no longer discriminate against prospective pilots if the applicants employ "mitigating measures," such as corrective eyewear. At the same time, the bill limits unwarranted claims by requiring that workers prove they have a disability that "would substantially limit a major life activity when active." The bill will also provide protection, for the first time, to workers with serious ailments such as diabetes, epilepsy and cancer.
Business and disability groups are pleased with the final version of the bill and said that collaborating on the legislation should reduce the number of lawsuits over its implementation. The direct language of the bill, and the laudable cooperation that forged it, should also improve employment levels for the disabled. Two out of three people with significant disabilities are unemployed, a disturbing statistic that disability organizations say is unchanged from when the original ADA became law. This time, Congress's intent is clear, and we hope the courts follow it. http://www.washingtonpost.com/wp-dyn/content/article/2008/09/21/AR2008092101645.html?wpisrc=newsletter
Tuesday, September 16, 2008
Senate Approves Legislation to Expand Workplace Disability Law
Workforce Management
September 11, 2008
—Mark Schoeff Jr.
A bill that would expand workplace protections for disabled Americans gained unanimous Senate approval on Thursday, September 11.
The legislation, which was co-sponsored by 77 senators, sailed through on a voice vote. Both presidential nominees, Sens. John McCain, R-Arizona, and Barack Obama, D-Illinois, came out in support of the bill weeks ago.
The measure clarifies that Congress meant for the Americans with Disabilities Act to be broadly interpreted. The original measure, which became law in the early 1990s, required employers to make accommodations for disabled employees.
The new bill, the ADA Amendments Act, addresses Supreme Court decisions that critics say restricted the law. The court ruled in several cases that mitigating measures—such as medication or prosthesis—make a person ineligible for coverage.
In an unusual show of cooperation, disability advocates and the business lobby compromised on the final bill, ensuring broad support on Capitol Hill. In late June, the House approved a similar bill, 402-17.
“This was a slam-dunk,” said Keith Smith, director of employment and labor policy at the National Association of Manufacturers. “The biggest hurdle was the Senate calendar.”
Congress returned from its August recess on Monday and will be in session until late September, when it will take another break to allow members to go home and campaign.
It’s not clear whether all legislative business will be concluded by October, but the window is closing quickly.
Both the House and Senate versions of the ADA bill reiterate that the definition of a disability is a physical or mental impairment that “substantially limits” one or more major life activities. They also increase the number of activities covered, add a category of bodily functions and allow workers to sue if they are “regarded as” disabled.
The House bill defines “substantially limits” as “materially restricts.” In an effort to garner more support, the Senate avoids such sharpening of the language.
“Instead, the bill takes several specific and general steps that, individually and in combination, direct courts toward a more generous meaning and application of the definition,” Sen. Tom Harkin, D-Iowa, said in a Congressional Record statement in July.
Differences between the House and Senate bills won’t slow down the measure, Smith said. He anticipates that the House will take up and pass the Senate measure, bypassing the need for a conference committee. [To see the entire article, go to: http://www.workforce.com/section/00/article/25/76/20.php ]
September 11, 2008
—Mark Schoeff Jr.
A bill that would expand workplace protections for disabled Americans gained unanimous Senate approval on Thursday, September 11.
The legislation, which was co-sponsored by 77 senators, sailed through on a voice vote. Both presidential nominees, Sens. John McCain, R-Arizona, and Barack Obama, D-Illinois, came out in support of the bill weeks ago.
The measure clarifies that Congress meant for the Americans with Disabilities Act to be broadly interpreted. The original measure, which became law in the early 1990s, required employers to make accommodations for disabled employees.
The new bill, the ADA Amendments Act, addresses Supreme Court decisions that critics say restricted the law. The court ruled in several cases that mitigating measures—such as medication or prosthesis—make a person ineligible for coverage.
In an unusual show of cooperation, disability advocates and the business lobby compromised on the final bill, ensuring broad support on Capitol Hill. In late June, the House approved a similar bill, 402-17.
“This was a slam-dunk,” said Keith Smith, director of employment and labor policy at the National Association of Manufacturers. “The biggest hurdle was the Senate calendar.”
Congress returned from its August recess on Monday and will be in session until late September, when it will take another break to allow members to go home and campaign.
It’s not clear whether all legislative business will be concluded by October, but the window is closing quickly.
Both the House and Senate versions of the ADA bill reiterate that the definition of a disability is a physical or mental impairment that “substantially limits” one or more major life activities. They also increase the number of activities covered, add a category of bodily functions and allow workers to sue if they are “regarded as” disabled.
The House bill defines “substantially limits” as “materially restricts.” In an effort to garner more support, the Senate avoids such sharpening of the language.
“Instead, the bill takes several specific and general steps that, individually and in combination, direct courts toward a more generous meaning and application of the definition,” Sen. Tom Harkin, D-Iowa, said in a Congressional Record statement in July.
Differences between the House and Senate bills won’t slow down the measure, Smith said. He anticipates that the House will take up and pass the Senate measure, bypassing the need for a conference committee. [To see the entire article, go to: http://www.workforce.com/section/00/article/25/76/20.php ]
Thursday, September 11, 2008
ADA Amendments Act will Restore Vital Civil Rights Protections for Americans with Disabilities
ADA Watch/National Coalition for Disability Rights (NCDR)
601 Pennsylvania Avenue, NW, Suite 900S Washington, DC 20004
Media Contact: Jim Ward, Founder and President 202-415-4753 jimward@ncdr.org
(Washington, DC) The leaders of a national coalition of disability, civil rights and social justice organizations praised the U.S. Senate today for taking bipartisan action to restore vital civil rights protections under the Americans with Disabilities Act (ADA). In recent years, the ADA - the world's first human rights law for people with disabilities - has been dramatically narrowed in the courts leaving citizens with epilepsy, diabetes, mental illness, HIV-AIDS and other disabilities unprotected from discrimination. The ADA Amendments Act clarifies the intent of Congress and reverses the "judicial activism" that has resulted in more than 90% of employment-related ADA cases being dismissed on summary judgment.
For more than 8 years, ADA Watch and the National Coalition for Disability Rights has called for restoration of the ADA. Since 2006, our Road To Freedom bus tour and disability rights exhibit has traveled to all 50 states, generating widespread media attention and collecting thousands of petition signatures calling on Congress to restore the ADA. The organization's "Campaign for Fair Judges" promotes awareness of the importance of supporting candidates who will advance judicial nominees supportive of disability rights and civil rights generally.
ADA Watch/NCDR founder and president, Jim Ward stated today, "This legislation will move the courts away from narrow interpretations of the ADA and the expending of resources on determining if a person is "disabled" enough to deserve the protections of the ADA. The courts should now move to fairly determining whether there has been discrimination."
Board member, Marcie Roth added, "While hopeful, we remain concerned that the rights of the more than 54 Americans with disabilities may still be in jeopardy if activist judges continue to disregard the intent of Congress. We call on both presidential candidates to support judges who will uphold the intent of Congress so that we can lessen discrimination and see a reduction in the shamefully high rates of poverty and unemployment among people with disabilities."ADA Watch and the National Coalition for Disability Rights (NCDR) is a coalition of national, state and local disability, civil rights and social justice organizations united to protect and promote the human rights of children and adults with physical and mental disabilities. For more information, go to www.adawatch.org and www.roadtofreedom.org
601 Pennsylvania Avenue, NW, Suite 900S Washington, DC 20004
Media Contact: Jim Ward, Founder and President 202-415-4753 jimward@ncdr.org
(Washington, DC) The leaders of a national coalition of disability, civil rights and social justice organizations praised the U.S. Senate today for taking bipartisan action to restore vital civil rights protections under the Americans with Disabilities Act (ADA). In recent years, the ADA - the world's first human rights law for people with disabilities - has been dramatically narrowed in the courts leaving citizens with epilepsy, diabetes, mental illness, HIV-AIDS and other disabilities unprotected from discrimination. The ADA Amendments Act clarifies the intent of Congress and reverses the "judicial activism" that has resulted in more than 90% of employment-related ADA cases being dismissed on summary judgment.
For more than 8 years, ADA Watch and the National Coalition for Disability Rights has called for restoration of the ADA. Since 2006, our Road To Freedom bus tour and disability rights exhibit has traveled to all 50 states, generating widespread media attention and collecting thousands of petition signatures calling on Congress to restore the ADA. The organization's "Campaign for Fair Judges" promotes awareness of the importance of supporting candidates who will advance judicial nominees supportive of disability rights and civil rights generally.
ADA Watch/NCDR founder and president, Jim Ward stated today, "This legislation will move the courts away from narrow interpretations of the ADA and the expending of resources on determining if a person is "disabled" enough to deserve the protections of the ADA. The courts should now move to fairly determining whether there has been discrimination."
Board member, Marcie Roth added, "While hopeful, we remain concerned that the rights of the more than 54 Americans with disabilities may still be in jeopardy if activist judges continue to disregard the intent of Congress. We call on both presidential candidates to support judges who will uphold the intent of Congress so that we can lessen discrimination and see a reduction in the shamefully high rates of poverty and unemployment among people with disabilities."ADA Watch and the National Coalition for Disability Rights (NCDR) is a coalition of national, state and local disability, civil rights and social justice organizations united to protect and promote the human rights of children and adults with physical and mental disabilities. For more information, go to www.adawatch.org and www.roadtofreedom.org
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