WashingtonWatch.com - H.R. 3195, The ADA Restoration Act of 2007

Comment by Steve Schofield (September 4, 2008, 01:00:00)

Thu, 04 Sep 2008 00:00:00 EDT

I have no idea why anybody would be against this bill. Democrats should be for it as it helps the disabled. Republicans should be for it as it gets disabled citizens off public assistance. Let's make the ADA what it was supposed to be....

Revision by webmaster (August 28, 2008, 01:00:00)

Thu, 28 Aug 2008 00:00:00 EDT

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

Detailed Summary

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

Sets forth rules of construction regarding the definition of "disability," 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 determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of specified mitigating measures.

Defines the term "auxiliary aids and services."

(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 be 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 a person without a disability that he or she 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 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.

Status of the Legislation

Latest Major Action: 6/27/2008: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 856.

Points in Favor

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Points Against

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Revision by webmaster (June 28, 2008, 01:00:00)

Sat, 28 Jun 2008 00:00:00 EDT

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

Detailed Summary

ADA Restoration Act of 2007 - Amends the Americans with Disabilities Act of 1990 to: (1) redefine "disability" 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 "mental impairment" and "physical impairment."

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 that the Act's provisions be broadly construed. Entitles duly issued federal regulations and guidance to deference by administrative bodies or officers and courts.

Status of the Legislation

Latest Major Action: 6/27/2008: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 856.

Points in Favor

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Points Against

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Revision by webmaster (June 27, 2008, 01:00:00)

Fri, 27 Jun 2008 00:00:00 EDT

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

Detailed Summary

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 that the Act's provisions be broadly construed. Entitles duly issued federal regulations and guidance to deference by administrative bodies or officers and courts.

Status of the Legislation

Latest Major Action: 6/26/2008: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

Points in Favor

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Points Against

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Status as of June 27, 2008

Fri, 27 Jun 2008 00:00:00 EDT

6/27/2008: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 856.

Revision by webmaster (June 26, 2008, 01:00:00)

Thu, 26 Jun 2008 00:00:00 EDT

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

Detailed Summary

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 that the Act's provisions be broadly construed. Entitles duly issued federal regulations and guidance to deference by administrative bodies or officers and courts.

Status of the Legislation

Latest Major Action: 6/25/2008: Passed/agreed to in House. Status: On passage Passed by the Yeas and Nays: 402 - 17 (Roll no. 460).

Points in Favor

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Points Against

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Status as of June 26, 2008

Thu, 26 Jun 2008 00:00:00 EDT

6/26/2008: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

Revision by webmaster (June 25, 2008, 01:00:00)

Wed, 25 Jun 2008 00:00:00 EDT

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

Detailed Summary

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 that the Act's provisions be broadly construed. Entitles duly issued federal regulations and guidance to deference by administrative bodies or officers and courts.

Status of the Legislation

Latest Major Action: 6/24/2008: Rules Committee Resolution H. Res. 1299 Reported to House. Rule provides for consideration of H.R. 3195 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill shall be considered as adopted.

Points in Favor

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Points Against

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Status as of June 25, 2008

Wed, 25 Jun 2008 00:00:00 EDT

6/25/2008: Passed/agreed to in House. Status: On passage Passed by the Yeas and Nays: 402 - 17 (Roll no. 460).

Revision by webmaster (June 24, 2008, 01:00:00)

Tue, 24 Jun 2008 00:00:00 EDT

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

Detailed Summary

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 that the Act's provisions be broadly construed. Entitles duly issued federal regulations and guidance to deference by administrative bodies or officers and courts.

Status of the Legislation

Latest Major Action: 6/23/2008: Placed on the Union Calendar, Calendar No. 465.

Points in Favor

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Points Against

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Status as of June 24, 2008

Tue, 24 Jun 2008 00:00:00 EDT

6/24/2008: Rules Committee Resolution H. Res. 1299 Reported to House. Rule provides for consideration of H.R. 3195 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill shall be considered as adopted.

Status as of June 23, 2008

Mon, 23 Jun 2008 00:00:00 EDT

6/23/2008: Placed on the Union Calendar, Calendar No. 465.

Revision by webmaster (June 19, 2008, 01:00:00)

Thu, 19 Jun 2008 00:00:00 EDT

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

Detailed Summary

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 that the Act's provisions be broadly construed. Entitles duly issued federal regulations and guidance to deference by administrative bodies or officers and courts.

Status of the Legislation

Latest Major Action: 6/18/2008: House committee/subcommittee actions. Status: Ordered to be Reported (Amended) by the Yeas and Nays: 43 - 1.

Points in Favor

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Points Against

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Status as of June 18, 2008

Wed, 18 Jun 2008 00:00:00 EDT

6/18/2008: House committee/subcommittee actions. Status: Ordered to be Reported (Amended) by the Yeas and Nays: 43 - 1.

Comment by Alison Pinsley (January 28, 2008, 01:00:00)

Mon, 28 Jan 2008 00:00:00 EST

This bill is very important to the disabled community. Having been in the position that they are in at one time in my life, I understand the importance of given the opportunity to work at a career or job that they are qualified to do....

Revision by webmaster (October 24, 2007, 01:00:00)

Wed, 24 Oct 2007 00:00:00 EDT

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

Detailed Summary

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 that the Act's provisions be broadly construed. Entitles duly issued federal regulations and guidance to deference by administrative bodies or officers and courts.

Status of the Legislation

Latest Major Action: 10/4/2007: House committee/subcommittee actions. Status: Subcommittee Hearings Held.

Points in Favor

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Points Against

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Revision by webmaster (October 10, 2007, 01:00:00)

Wed, 10 Oct 2007 00:00:00 EDT

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

Detailed Summary

(Log in to edit the wiki and be the first to provide a detailed summary of the bill!)

Status of the Legislation

Latest Major Action: 10/4/2007: House committee/subcommittee actions. Status: Subcommittee Hearings Held.

Points in Favor

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Points Against

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Status as of October 4, 2007

Thu, 04 Oct 2007 00:00:00 EDT

10/4/2007: House committee/subcommittee actions. Status: Subcommittee Hearings Held.

Status as of October 4, 2007

Thu, 04 Oct 2007 00:00:00 EDT

10/4/2007: House committee/subcommittee actions. Status: Subcommittee Hearings Held.

Revision by webmaster (September 23, 2007, 01:00:00)

Sun, 23 Sep 2007 00:00:00 EDT

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

Detailed Summary

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Status of the Legislation

Latest Major Action: 9/19/2007: Referred to House subcommittee. Status: Referred to the Subcommittee on Health, Employment, Labor, and Pensions.

Points in Favor

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Points Against

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Status as of September 19, 2007

Wed, 19 Sep 2007 00:00:00 EDT

9/19/2007: Referred to House subcommittee. Status: Referred to the Subcommittee on Health, Employment, Labor, and Pensions.

Revision by webmaster (July 27, 2007, 01:00:00)

Fri, 27 Jul 2007 00:00:00 EDT

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

Detailed Summary

(Log in to edit the wiki and be the first to provide a detailed summary of the bill!)

Status of the Legislation

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Points in Favor

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Points Against

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Revision by webmaster (July 27, 2007, 01:00:00)

Fri, 27 Jul 2007 00:00:00 EDT

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

Detailed Summary

(Log in to edit the wiki and be the first to provide a detailed summary of the bill!)

Status of the Legislation

Latest Major Action: 7/26/2007: Referred to House committee. Status: Referred to the Committee on Education and Labor, and in addition to the Committees on the Judiciary, Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Points in Favor

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Points Against

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Status as of July 26, 2007

Thu, 26 Jul 2007 00:00:00 EDT

7/26/2007: Referred to House committee. Status: Referred to the Committee on Education and Labor, and in addition to the Committees on the Judiciary, Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.