Sutton Leads Effort to Restore Original Intent of the Americans with Disabilities Act

It was nearly 18 years ago that the Americans with Disabilities Act was signed into law. It sent a resounding message that discrimination against individuals with disabilities would not be tolerated; not in employment, not in transportation, not in housing, not in services, or any other area of our daily lives. It was a law intended to tear down the barriers preventing individuals with disabilities from reaching their full potential. It was a commitment from Congress that discrimination in any form would not be tolerated. The Americans with Disabilities Act was an historic civil rights law, the most sweeping since the Civil Rights Act of 1964. Yet, despite the broad application of other civil rights statutes, a series of court decisions has dramatically narrowed the scope of the ADA. Unfortunately, this has denied millions of disabled Americans the protections Congress had originally intended for them. The intent of Congress was to allow individuals with disabilities to fully participate in society, free from the fear of discrimination. Yet Supreme Court interpretations have shifted the focus from whether an individual has experienced discrimination, to whether an individual could even be considered "disabled enough" to qualify for the protections of the law. In making this determination, the Court has implemented a standard that excludes many individuals originally intended to be covered by the ADA. They have held that the definition of disability must be applied "strictly to create a demanding standard for qualifying as disabled." In addition, the Court has found that mitigating measures that help address an impairment, such as medication, hearing aids, or other treatments, must be considered in determining whether an impairment is disabling enough to qualify under the ADA. And so millions of Americans with disabilities have found themselves in a Catch-22. They face employment discrimination because of their disabilities, yet they may be denied relief under the ADA because they are considered "too functional" to qualify for its protections. This is completely at odds with the original intent of Congress, and the original focus of the ADA. Due to these narrow interpretations, individuals with serious conditions such as epilepsy, diabetes, cancer, cerebral palsy, multiple sclerosis, and developmental disabilities have found themselves excluded from the protections afforded by the ADA. Basic equality under the law has been denied to millions of disabled Americans for too long. But today, after months of hard work on all sides of this issue, we seek to fulfill the promise we made to Americans with disabilities nearly two decades ago. And let me be clear, the ADA Amendments Act does not expand the original scope of the ADA. Rather, it restores the promise that Congress made to every single American, a promise that everyone will have an equal opportunity to succeed. That we will tear down the barriers that prevent individuals from reaching their full potential. And that we will be judged on our abilities rather than our disabilities. The ADA Amendments Act clarifies that the ADA's protections are intended to be broad. It also restores the focus to wrongful discrimination. Our bill clarifies that anyone who is discriminated against because of an impairment -- whether or not this impairment limits the performance of any major life activities -- is entitled to the ADA protection. And finally, it states that mitigating measures will not disqualify people with disabilities from the protections afforded by the ADA. I am proud to join with over half of the members of this body as a cosponsor of this important bill. Today we are demonstrating our commitment to every American that discrimination will not be tolerated. This should be the case whether based on race, national origin, gender, age, religion, sexual orientation or disability. By upholding this most important of principles, our country will be richer for it.