WashingtonWatch.com - S. 1881, The Americans with Disabilities Act Restoration Act of 2007

Comment by Marty (January 7, 2008, 01:00:00)

Mon, 07 Jan 2008 00:00:00 EST

This bill is so desperately needed to correct the inadequacies in what was to be a bill of rights for people with disabilities. The two areas of concern today with ADA have been the bar set by the courts to limit who may be defined as disabled thereby forcing courts to evaluate to what degree of say epilepsy one might have to be considered disabled. In another words the state of ADA today is that only a disabled person with the most severe case of epilepsy might be covered and if one used medication to control your disability you might not be deemed disabled because you have managed to control or manage your disability to some degree (this is known as mitigating your disability therefore you’re not disabled). This bill does what many states have done as they pass their versions of the ADA. Disabled employment remains abysmally low with the ADA failing to protect people with disabilities. Give people with disabilities a chance to working citizens. Corporate fears are unfounded!...

Revision by webmaster (November 16, 2007, 01:00:00)

Fri, 16 Nov 2007 00:00:00 EST

S. 1881 would amend the Americans with Disabilities Act of 1990 to restore the intent and protections of that Act.

Detailed Summary

Americans with Disabilities Act Restoration Act of 2007 - Amends the Americans with Disabilities Act of 1990 to define "disability" as a physical or mental impairment (under current law, a physical or mental impairment that substantially limits one or more of the major life activities of such individual), a record of a such impairment, or being regarded as having a such impairment.

Prohibits, in determining whether an individual has an impairment, considering whether the individual uses a mitigating measure, the impact of any mitigating measures, or whether any impairment manifestations are episodic, in remission, or latent. Defines the term "mitigating measure."

Defines "physical" and "mental" (used regarding impairment), "record of physical or mental impairment," and "regarded as having a physical or mental impairment."

Declares that an adverse action because of an individual's use of a mitigating measure constitutes discrimination under the Act.

Prohibits employment discrimination on the basis of disability (currently, 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 agencies or officers and courts.

Status of the Legislation

Latest Major Action: 11/15/2007: Senate committee/subcommittee actions. Status: Committee on Health, Education, Labor, and Pensions. Hearings held.

Points in Favor

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Points Against

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Status as of November 15, 2007

Thu, 15 Nov 2007 00:00:00 EST

11/15/2007: Senate committee/subcommittee actions. Status: Committee on Health, Education, Labor, and Pensions. Hearings held.

Revision by webmaster (October 31, 2007, 01:00:00)

Wed, 31 Oct 2007 00:00:00 EDT

S. 1881 would amend the Americans with Disabilities Act of 1990 to restore the intent and protections of that Act.

Detailed Summary

Defines "physical" and "mental" (used regarding impairment), "record of physical or mental impairment," and "regarded as having a physical or mental impairment."

Declares that an adverse action because of an individual's use of a mitigating measure constitutes discrimination under the Act.

Prohibits employment discrimination on the basis of disability (currently, 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 agencies or officers and courts.

Status of the Legislation

Latest Major Action: 7/26/2007: Referred to Senate committee. Status: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Points in Favor

(Log in to edit the wiki and be the first to show why the bill should pass!)

Points Against

(Log in to edit the wiki and be the first to show why the bill should not pass!)

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

Fri, 27 Jul 2007 00:00:00 EDT

S. 1881 would amend the Americans with Disabilities Act of 1990 to restore the intent and protections of that Act.

Detailed Summary

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

Status of the Legislation

(Log in to edit the wiki and be the first to update the status of the bill!)

Points in Favor

(Log in to edit the wiki and be the first to show why the bill should pass!)

Points Against

(Log in to edit the wiki and be the first to show why the bill should not pass!)

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

Fri, 27 Jul 2007 00:00:00 EDT

S. 1881 would amend the Americans with Disabilities Act of 1990 to restore the intent and protections of that Act.

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 Senate committee. Status: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Points in Favor

(Log in to edit the wiki and be the first to show why the bill should pass!)

Points Against

(Log in to edit the wiki and be the first to show why the bill should not pass!)

Status as of July 26, 2007

Thu, 26 Jul 2007 00:00:00 EDT

7/26/2007: Referred to Senate committee. Status: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.