ADA Restoration Opposition Arises
It looks like things are about to get exciting in Washington regarding ADA Restoration. The U.S. Chamber of Commerce just submitted a letter to congress stating that they, ”representing more than three million businesses and organizations of every size, sector, and region, opposes H.R. 3195, the “ADA Restoration Act of 2007,” and urges you not to co-sponsor or support the measure.”
The Chamber call the bill ”a wholesale re-writing” of the ADA. They have what looks like three main objections:
1. By rewriting this definition, virtually all of the entire working population in the United States could be covered by the law and would prohibit employers from considering any corrective devices used to mitigate an individual’s impairment.
2. Employers determine what the essential functions of a job are, H.R. 3195 would then allow plaintiffs to second-guess the employers. It would also grant much more deference to the interpretations of the law made by government agencies charged with prosecuting potential violations. (They use the word “inappropriate deference.”)
3. Altering the definition would also expand coverage of the ADA Title III requirements for accessibility in public facilities. (Yay says I as that means there is a good chance for pushing for an accessible Internet!)
And they finish with the attention-getting statement of : “Making these radical changes will not address the needs of those who are deserving of the ADA’s protections, but will instead divert significant compliance and enforcement resources to “gotcha” lawsuits that already overwhelm enforcement agencies and the courts.”
They even use the words “expand frivolous litigation” which, because of the ‘drive-by’ lawsuits put forward by a few individuals, have led to a tremendous backlash against the ADA and significant negative media attention.
Resources:
Day in Washington #5 – ADA Restoration
Chamber of Commerce Letter Re: ADA Restoration
The American Association of People with Disabilities has issued an Action Alert on this issue.
http://adarestoration.blogspot.com/2007/08/take-action-chamber-of-commerce-opposes.html
They state that the Chamber’s letter mischaracterizes the ADA Restoration Act as an expansion of the ADA, when in fact, it is, as its name suggests, a restoration of the original intent of Congress when passing the ADA in 1990, which was to create a level playing field.
And that Congressional intent has since been distorted by the Courts through extremely narrow interpretations of the ADA. In fact, the courts are deciding against people with disabilities who challenge disability discrimination 97% of the time, often before the person with a disability even has a chance to show that the employer treated them unfairly!
AAPD calls on individuals to respond directly to the Chamber regarding their opposition to ADA Restoration by writing or calling them at:
U.S. Chamber of Commerce
1615 H Street, NW
Washington, DC 20062-2000
Main Number: 202-659-6000
Customer Service: 1-800-638-6582
Over at my own blog, one lawyer who has specialized in disability-related law for 30 years left this comment with more analysis of where the US Chamber of Commerce has mischaracterized the ADA Restoration Act:
“Randy Chapman Says:
August 28th, 2007 at 11:03 am e
As a long time civil rights attorney who has practiced disability law since 1977 under Section 504 and before the ADA and since 1990 using the ADA, I think I can respond to the flawed analysis of the Chamber of Commerce.
(1) While the ADA Restoration Act does broaden the defintion of disability, this is a direct response to the courts narrowing it to the point that individuals who clearly have disabilities such as epilepsy, diabetes, or HIV/AIDS not being protected because the Supreme Court has said in Toyota v. Williams, that “substantially limits” and “major life activities” “need to be interpreted strictly to create a demanding standard for qualifying as disabled.”
Lucky you, you win the prize as by meeting a demanding standard to “qualify as disabled”. Congress never sad the law should require a demanding standard. What other minority group is required to meet a “demanding standard” to be protected.
Thus, the ADA Restoration Act removes the misinterpreted “substantial limits one or more major life activities” language but still has a strict and clear defintion of what constitutes a “physical” or “mental” impairment.
Contrary to the Chamber of Commerce letter this defintion will not cover “virtually all of working population in the United States.” Only those who are discriminated against on the basis of disability.
2. The fact that the ADA Restoration Act requires deference to Federal agency guidance and regulations does not remove the court system as the final decision maker. The courts will still determine the facts and apply the law, they just apply the law as defined through agency regulation. Those regulations are only adopted after lengthy study and nation wide public comment.”