Congress amends Americans with Disabilities Act
www.dol.gov

The U.S. Army Corps of Engineers observed National Disability Employment Awareness Month in October.

Congress passed amendments in September to modify the Americans with Disabilities Act. The Americans with Disabilities Act of 1990 was intended to “provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” Just as other civil rights laws prohibit entities from basing decisions on characteristics like race or sex, the ADA prevented employers from making decisions based on disability.

The U.S. Supreme Court narrowed the definition of disability to determine people with conditions such as epilepsy, muscular dystrophy, cancer, diabetes and cerebral palsy do not meet the definition of disability under the ADA. In 2004, plaintiffs lost 97 percent of ADA employment discrimination claims that went to trial, often due to the interpretation of definition of disability. People who are not hired or are fired because an employer mistakenly believes they cannot perform the job—or because the employer does not want “people like that” in the workplace—have been affected by these court decisions.

To address these issues, Congress passed the ADA Amendments Act of 2008. It was signed into law on Sept. 25. The ADA Amendments Act:
• Overturns the Supreme Court decisions that have decreased protections for people with disabilities under the ADA, restoring original Congressional intent.
• Rejects strict interpretation of the definition of disability, and makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability.
• Strikes a balance between employer and employee interests.
• Prohibits the consideration of mitigating measures such as medication, prosthetics, and assistive technology, in determining whether an individual has a disability.
• Covers people who experience discrimination based on a perception of impairment regardless of whether the individual experiences disability.
• Provides that reasonable accommodations are only required for individuals who can demonstrate they have an impairment that substantially limits a major life activity, or a record of such impairment. Accommodations need not be provided to an individual who is only “regarded as” having an impairment.
• Is supported by a broad coalition of civil rights groups, disability advocates, and employer trade organizations.
For additional information, readers can go to http://www.dol.gov/odep/.