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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Visitor Comments
Alison Pinsley
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.