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Congress Amends Americans with Disabilities Act

Backed by National disability and veterans organizations, U.S. Rep. Nick J. Rahall (D-WV) joined members of the U.S. House of Representatives today in unanimously approving a bill to ensure that all Americans with disabilities are protected from discrimination.  Having passed both Houses of Congress, the bill will now be sent to the President to be signed into law.

“According to the U.S. Census Bureau, West Virginia has the highest percentage of Americans with disabilities in the Nation,” said Rahall.  “Today, Congress sent the President a bill that reaffirms our National commitment to banning discrimination against people with disabilities and will help ensure their God-given right to live as independent, productive members of our society.”

The Americans with Disabilities Act of 1990 was intended to eliminate and prevent discrimination against individuals with disabilities.  Unfortunately, since becoming law, a series of U.S. Supreme Court decisions have narrowed the category and definition of who qualifies as an "individual with a disability.”  As a result, millions of people Congress intended to protect under the ADA—such as those with diabetes, epilepsy, intellectual disabilities, multiple sclerosis, muscular dystrophy, amputation, cancer, and other impairments—are not protected.

The bill passed Wednesday, S. 3406, would remedy this problem and restore workplace protections to every American with a disability.  This legislation takes specific steps to direct courts toward a more generous meaning and application of the term “disability” and expands the definition to include more major life activities and a new category of major bodily functions.

Congressman Rahall cosponsored the House version of this bill, H.R. 3195, which passed the House with very strong bipartisan support last June.

“This bill restores the original power and intent of the ADA and makes it easier for West Virginians with disabilities to receive the protections and services they deserve,” said Rahall.