Americans with Disabilities Act Legislation
AH&LA supports reasonable efforts to restore ADA employment protections as originally intended by the Americans with Disabilities Act.
The Americans with Disabilities Act (ADA) was passed by Congress in 1990 and signed into law by President George H.W. Bush. This far-reaching law offered civil rights protections aimed at prohibiting discrimination based on disability. The ADA was divided into five sections, or Titles, each addressing different areas of discrimination. Title I addresses employment discrimination. The lodging industry is most familiar with Title III which addresses public accommodations. (ADA's Webpage on ADA regulatory issues is found here.)
In the years since the ADA was enacted, various court cases have changed the effect of Title I, or employment, protections for disabled workers. Generally, the ADA prohibits discrimination against qualified individuals with a disability, a history of a disability, or regarded as having a disability. Several U.S. Supreme Court decisions have narrowed the definition of a disability adding confusion to the employer and employee.
Bi-partisan legislation was introduced in the House, H.R. 3195 by Congressmen Steny Hoyer (D-MD) and Jim Sensenbrenner (R-WI), and in the Senate, S. 3406 by Senator Tom Harkin (D-IA), aimed at restoring common sense employment protections. Both bills would restore the definition of a covered disability to include the substantial loss of a major life activity regardless of the presence of certain mitigating measures treating the disability (i.e., medication, prosthetics, hearing devices, glasses, etc.). The bill rejects the strict interpretation of the court's definition of a disability, allowing for a broader coverage of protection.
Supreme Court cases have held that the presence of a mitigating measure makes certain people no longer disabled under the ADA. The legislation would also broaden the types of physical ailments that a court could construe as a disability. A reasonable accommodation is required only for an individual who can demonstrate a loss of a major life activity due to the disability.
AH&LA joined with the business community in a unique effort to craft a compromise legislation worked out with advocates from the disability community. AH&LA supports the Senate legislation.
H.R. 3195 was passed 402-17 in the House on June 25, 2008, with strong bi-partisan support. The bill overturns several U.S. Supreme Court decisions that have eroded employment protections for people with disabilities.
S. 3406 was passed in the Senate on a voice vote on September 17, 2008. The Senate legislation was slightly different from the House passed bill. To avoid the need for a conference committee to work out the differences between the two bills, the House agreed to pass S. 3406 as passed by the Senate. It was approved by a voice vote in the House on September 17, 2008.
President George Bush signed the bill into law on September 25, 2008 (Public Law 110-325).
For more information, contact AH&LA Senior Vice President for Governmental Affairs Kevin Maher at (202) 289-3147,
kmaher@ahla.com.