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
(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!)
Visitor Comments
Alison Pinsley
January 28, 2008, 10:00pm (report abuse)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.
Steve Schofield
September 4, 2008, 6:24pm (report abuse)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.