John R. Vaughn, Chairperson
September 2007

The Bulletin, which is free of charge and at NCD’s award-winning Web site (www.ncd.gov), brings you the latest issues and news affecting people with disabilities. To subscribe to the NCD listserv, go to http://listserv.access.gpo.gov, click on Online mailing list archives, select NCD-NEWS-L, click on Join or leave the list, then complete the short subscription form. Please send your editorial comments to Bulletin editor Mark S. Quigley (mquigley@ncd.gov).

ADA Restoration Act

On September 13, NCD urged Congress to support legislation that will “right” the course of the Americans with Disabilities Act (ADA) and protect the civil rights of people with disabilities.

ADA restoration bills were introduced in the House (H.R. 3195) and the Senate (S. 1881) on July 26, 2007. NCD proposed the original ADA legislation and is charged with gathering information about the implementation, effectiveness, and impact of the ADA. In keeping with this requirement, NCD undertook a two-year study to analyze 19 Supreme Court cases interpreting the ADA and, in December 2004, released a comprehensive report titled Righting the ADA (http://www.ncd.gov/newsroom/publications/2004/righting_ada.htm).

NCD’s study revealed that the majority of the Supreme Court’s rulings involving the ADA depart substantially from the core principles and objectives of the ADA, resulting in unfair outcomes that sanction, rather than remedy, even the most egregious employment discrimination against people with disabilities.

Countless federal court cases have followed, in which an employer refuses to hire or accommodate an individual with a disability because of the disability, but then is allowed to argue that the person does not have a disability. Rarely are the individual’s qualifications for the job evaluated, nor is the alleged discrimination examined.

The purpose of the ADA is “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” While the provisions of the ADA addressing architectural, transportation, and communication accessibility have been implemented with notable success, the employment provisions of the ADA essentially have been rewritten by the Supreme Court, such that these provisions no longer provide the opportunities and protections expressly intended by those involved in the creation and passage of the ADA.

NCD’s two recent ADA reports, Implementation of the Americans with Disabilities Act: Challenges, Best Practices, and New Opportunities for Success (http://www.ncd.gov/newsroom/publications/2007/implementation_07-26-07.htm) and The Impact of the Americans with Disabilities Act: Assessing the Progress Toward Achieving the Goals of the ADA (http://www.ncd.gov/newsroom/publications/2007/ada_impact_07-26-07.htm) both confirm that legislation is urgently needed to restore the ADA to ensure equality of opportunity, full participation, independent living, and economic self-sufficiency for all Americans with disabilities.

International Update

On September 21, NCD participated in a working meeting hosted by Ambassador Luis Gallegos to discuss plans for the Global Alliance for Inclusive Information and Communication Technologies-led (G3ict) Digital Inclusion Index for Persons with Disabilities. A preliminary research committee met to brainstorm possible methods for creating an index that will measure countries compliance with the dispositions of the Convention on the Rights of Persons with Disabilities with regard to information and communication technologies.

International Watch

The purpose of NCD’s International Watch advisory committee is to share information on international disability issues and to advise NCD on developing policy proposals that advocate for a foreign policy that is consistent with the values and goals of the Americans with Disabilities Act.

On September 25, NCD published International Watch meeting dates for Fiscal Year 2008 in the Federal Register. They are: November 1, 2007, January 3, 2008, March 6, 2008, May 1, 2008, July 3, 2008, and September 4, 2008.

For additional information, please contact Joan M. Durocher, Senior Attorney Advisor and Designated Federal Official, NCD, 1331 F Street NW, Suite 850, Washington, DC 20004; 202-272-2004 (voice), 202-272-2074 (TTY), 202-272-2022 (fax), jdurocher@ncd.gov (e-mail).

Legislative Update

The Community Choice Act (S. 799 / H.R. 1621) amends title XIX of the Social Security Act to provide people with disabilities and older Americans with equal access to community-based attendant services and supports. S. 799 was introduced on March 7 and is sponsored by Senator Tom Harkin (IA). It has 19 cosponsors. H.R. 1621 was introduced on March 21 and is sponsored by Representative Danny Davis (IL). It has 33 cosponsors.

On September 25, the U.S. Senate Committee on Finance held a hearing on Home and Community Based Care: Expanding Options for Long Term Care. Link to the Committee heading with testimony: http://www.senate.gov/~finance/sitepages/hearing092507.htm

Quarterly Meetings

NCD’s fall quarterly meeting will be held November 29  December 1, 2007, at the Hyatt Regency Boston, One Avenue De LaFayette, Boston, MA.

NCD’s winter quarterly meeting will be held January 28  January 30, 2008, at the New Orleans Marriott at the Convention Center, 859 Convention Center Boulevard, New Orleans, LA.

These meetings are open to the public. People with disabilities are encouraged to attend and participate in the daily public comment segments of the meeting. The agendas will be posted at www.ncd.gov prior to each meeting.

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Mark S. Quigley
Director of Communications
National Council on Disability
1331 F Street, NW Suite 850
Washington, DC 20004