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FOR IMMEDIATE RELEASE
September 17, 2008
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Contact: Zach Goldberg
202-225-5801 (office) |
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HOUSE PASSES HOLT-BACKED ADA RESTORATION LEGISLATION
Bill Would Restore Protections for Americans with Disabilities
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(Washington, DC) – The U.S. House of Representatives today unanimously passed legislation backed by Rep. Rush Holt (NJ-12) that will clarify the definition of disability so that individuals who Congress originally intended to protect from discrimination are covered by the Americans with Disabilities Act. Holt has been a long time supporter of the legislation. A number of Supreme Court rulings have narrowed the interpretation of the landmark 1990 Act to define “disability” in a way that has excluded individuals with diabetes, heart impairments, epilepsy, cancer, and other conditions. This has created a Catch 22 where an employer may say a person is “too disabled” to perform a job but not “disabled enough” to be protected under the ADA. The bill will require courts to focus on whether a person has experienced discrimination “on the basis of disability” rather than requiring individuals with disabilities to demonstrate first that they are substantially limited in some major life activity. The bill now goes to President Bush for his signature.
“The ADA was meant to eliminate discrimination on the basis of disability, but recently, too many people have been excluded from ADA protection,” Holt said “Enactment of this bipartisan legislation will restore the true intent of the landmark Americans with Disabilities Act.”
In March, Holt hosted a roundtable discussion at Project Freedom – a disability housing project in Lawrence – with individuals with disabilities, disability rights groups, and legal advocates to discuss the ADA. Participants reinforced the need to clarify the definition of disability to provide broad coverage to protect anyone who faces discrimination on the basis of disability.
Holt noted that the bill has received support from both the disability and business communities in New Jersey and across the country.
“This bill would not become law without the tireless support of those in New Jersey who understand how important it is to reaffirm our commitment to the American’s With Disabilities Act. They deserve much credit for this civil rights victory,” Holt said.
I am proud that my home state of New Jersey has enacted our own tough employment protections for individuals with disabilities. My state’s experience belies the claims made by some of the bill’s opponents that this legislation is overprotective of individuals with disabilities,” Holt said.
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