Wednesday, September 17, 2008
Harkin Statement On House Passage Of The ADA Amendments Act
Bill restoring promise of the Americans with Disabilities Act now headed to President’s desk
Senator Tom Harkin released the following statement today after the House of Representatives passed the Americans with Disabilities Amendments Act unanimously by voice vote. Last week the Senate passed the Harkin led bill by unanimous consent. The bill now goes to the President’s desk for his signature.
Since the ADA became law in 1990, a series of court decisions narrowed the category of who qualifies as an “individual with a disability,” contrary to Congressional intent. By raising the threshold for an impairment to qualify as a disability, these court decisions have deprived individuals of the discrimination protections Congress intended to provide. The ADA Amendments Act would remedy this problem and restore workplace protections to every American with a disability.
“This bill fulfills the promise of the ADA and greatly increases the number of people eligible for its protections. It fixes a number of glaring injustices that have come about because of the Supreme Court’s misunderstanding of the original ADA and it clarifies once and for all, that anyone with a disability is eligible for the protections of the ADA.
“I was very fortunate, in the Senate, to have a tremendous partner in Senator Orrin Hatch. And I am proud that, together, we crafted the bill the House passed today and that we expect to be signed by the President. This bill is the product of bipartisan negotiations between the disability community and the business community – a collaboration that should be a model for how to get things done in Congress.
“This bill better defines who Congress intends to meet the definition of disabled. It clarifies that mitigating measures, such as medication, may not be taken into account. It provides guidance as to what is a major life activity. And, most critically, it lowers the threshold for how limiting a condition must be, and insists that courts interpret the ADA broadly. For all these reasons, this bill returns the focus of the ADA to where it was meant to be – on whether a person with a disability is being discriminated against.
“I urge the President to quickly sign this legislation so that Americans of all walks of life can achieve their full potential in the workplace and in other aspects of their lives.”
