Several months ago here on the Blawg, we reported on the proposed ADA Restoration Act of 2008.  That bill was attacked by employer advocate groups and had little likelihood of passage without major modification.

We conducted a poll of our readers to see how they felt.  A whopping 71% said they felt that the ADA was in need of restoration.

This week, a compromise bill — the ADA Amendments Act of 2008 — breezed through the House by a 402-17 margin.  The bill is generally supported by both pro-employee and pro-employer groups, including the National Association of Manufacturers (NAM) and the U.S. Chamber of Commerce and could become law in the near future.

What Would Change?

The bill would overturn several key Supreme Court decisions.  Here are the highlights:

  • Mitigating measures.  One of the biggest changes would be the rejection of Supreme Court cases requiring “mitigating measures” to be taken into account in determining whether an individual has a disability.  Under the proposed law, assistance from medication, technology, equipment, devices and other similar aids would no longer be part of the equation.  One notable exception:  glasses and contact lenses could still be considered.
  • Remission.  A condition that is in remission or episodic qualifies as a disability if it would substantially limit a major life activity when active.
  • “Substantially Limits” Defined.  The bill defines “substantially limits” as “materially restricts,” rejecting narrower interpretations from the Supreme Court.
  • Expansion of “Major Life Activities.”  The bill provides specific examples of “major life activities,” including “major bodily functions” such as “immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.”
  • “Regarded As” Narrowed.  The bill excludes from ”regarded as” claims minor/transitory conditions lasting six months or less.

What Are People Saying?

SHRM President Susan Meisinger:  “Both the employer and disability communities have been able to unite behind this bill for a reason:   it is an effective remedy that is perfect for no one, but fair for everyone.”

Nancy Zirkin of the Leadership Conference on Civil Rights:  the bill is the culmination of “an unprecedented act of cooperation” among an “extraordinary coalition of the civil rights, disability and employer communities.”

What’s Next?

Senator Tom Harkin (D-Iowa), one of the bill’s chief proponents, predicts it will pass the Senate “in the near future.”  The Bush Administration generally supports the bill but has expressed concern that it could “unduly expand coverage” and lead to increased litigation.

Click here to see the full text of the bill and here for an article from the New York Times. 

Stay tuned for more.