H.R. 3195 would restore the intent and protections of the Americans with Disabilities Act of 1990.

== Detailed Summary ==

<summary>
ADA Restoration Act of 2007 - Amends the Americans with Disabilities Act of 1990 to: (1) redefine &quot;disability&quot; as a physical or mental impairment, a record of a such impairment, or being regarded as having a such impairment; and (2) define additional terms, including &quot;mental impairment&quot; and &quot;physical impairment.&quot;

Prohibits, in determining whether an individual has an impairment, considering the impact of any mitigating measures the individual may be using or whether any impairment manifestations are episodic, in remission, or latent. Considers actions taken because of an individual's use of a mitigating measure to be actions taken on the basis of a disability.



Prohibits employment discrimination on the basis of disability (under current law, against a qualified individual with a disability because of the disability).

Allows, as a defense to a charge of discrimination, that the individual alleging discrimination is not a qualified individual with a disability.

Requires




















ADA Amendments Act of 2008 - (Sec. 4) Amends the Americans with Disabilities Act of 1990 (ADA) to redefine the term &quot;disability,&quot; including by defining &quot;major life activities&quot; and &quot;being regarded as having such an impairment.&quot;

Sets forth rules of construction regarding the definition of &quot;disability,&quot; including that: (1) such term shall be construed in favor of broad coverage of individuals under the Act; (2) an impairment that substantially limits one major life activity need not limit other major life activities in order to be a disability; (3) an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and (4) the Act's provisionsdetermination of whether an impairment substantially limits a major life activity shall be broadly construed. Entitles duly issued federal regulationsmade without regard to the ameliorative effects of specified mitigating measures.

Defines the term &quot;auxiliary aids and guidanceservices.&quot;

(Sec. 5) Prohibits employment discrimination against a qualified individual on the basis of disability. (Current law prohibits employment discrimination against a qualified individual with a disability because of the disability.)

Prohibits the use of qualification standards, employment tests, or other selection criteria based on an individual's uncorrected vision unless the standard, test, or other selection criteria, as used by the covered entity, is shown to deferencebe related to the position and is consistent with business necessity.

(Sec. 6) Declares that nothing in the Act: (1) alters the standards for determining eligibility for benefits under state worker's compensation laws or under state and federal disability benefit programs; (2) alters the requirement to make reasonable modifications in policies or procedures, unless such modifications would fundamentally alter the nature of the goods, services, facilities, or accommodations involved; or (3) provides the basis for a claim by administrative bodiesa person without a disability that he or officersshe was subject to discrimination because of the lack of disability.

Declares that the authority of the Equal Employment Opportunity Commission (EEOC), the Attorney General, and courts.the Secretary of Transportation to issue regulations includes the authority to issue regulations implementing the definitions of this Act.

(Sec. 7) Makes conforming amendments to the Rehabilitation Act of 1973.
</summary>

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== Status of the Legislation ==

<status>
Latest Major Action: 6/26/2008: Received in the Senate.6/27/2008: Read the firstsecond time. Placed on Senate Legislative Calendar under Read the First Time.General Orders. Calendar No. 856.
</status>

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== Points in Favor ==

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== Points Against ==

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