Leahy, Sanders Hail Senate Passage Of Bill
To Reverse Narrow Interpretations
Of Americans With Disabilities Act
WASHINGTON (Thursday, Sept.11) – The Senate late
Thursday passed legislation, cosponsored by Sen. Patrick Leahy
(D-Vt.) and Sen. Bernard Sanders (I-Vt.), that would rejuvenate the
Americans with Disabilities Act (ADA) in the face of several court
decisions that have narrowed its definitions and coverage.
In recent years the Supreme Court and several
lower courts have issued decisions eroding the standards for
determining who qualifies as individuals with disabilities.
These narrow rulings ensure that the persons Congress intended to
shield, including those with severe illnesses like epilepsy and
multiple sclerosis, are no longer protected. The result is
that millions of Americans facing discrimination are now excluded
from ADA protection.
The ADA Amendments Act of 2008 passed Thursday by
the Senate underscores Congress’ intent to reinstate a broad scope
of protection for persons with disabilities under the ADA. The
legislation would modify findings in the ADA that have been used by
courts to narrowly interpret what constitutes a disability and
lowers the burden of proving that one is “disabled enough” to
qualify for coverage.
“The ADA has been a blessing to millions of
Americans who face discrimination,” said Leahy, a cosponsor of the
landmark 1990 legislation that created the ADA. “Ensuring its
continued effectiveness is vitally important to countless families,
who deserve every effort we can make to keep those doors of
opportunity open. We cannot afford to let the great progress
we have made slip away for a new generation of Americans.”
Sanders, a member of the Senate health committee,
said, “The Americans with Disabilities Act was intended to provide
broad protection for the estimated 18 percent of the U.S. population
that lives with some level of disability. Recent court
decisions limited the number of people who are allowed to seek the
law’s protections, leading to widespread non-compliance and a great
deal of misunderstanding about the responsibilities of businesses,
governments, and individuals. There is still a long way to go
to ensuring that the basic civil rights of persons with disabilities
are fully protected and respected, but this is an important step in
that direction.”
The legislation has the support of national
disability organizations as well as the U.S. Chamber of Commerce,
the National Association of Manufacturers, the Society for Human
Resource Management, and the Human Resources Policy Association.
Similar legislation, cosponsored by Rep. Peter Welch (D-Vt.), passed
the House of Representatives in June.
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