[nfb-talk] FW: Congress Fast-Tracks Dramatic Expansion of ADA

[RJ Sandefur]

I would like to know the same thing as well. RJ
----- Original Message ----- 
From: "Aaron Cannon" <cannona at fireantproductions.com>
To: "NFB Talk Mailing List" <nfb-talk at nfbnet.org>
Sent: Thursday, December 20, 2007 7:37 PM
Subject: Re: [nfb-talk] FW: Congress Fast-Tracks Dramatic Expansion of ADA


> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: RIPEMD160
>
> What, if any, position has the NFB taken on this?
>
> Aaron
>
> - --
> Skype: cannona
> MSN/Windows Messenger: cannona at hotmail.com (don't send email to the 
> hotmail
> address.)
> - ----- Original Message -----
> From: "David Andrews" <dandrews at visi.com>
> To: <blindlaw at nfbnet.org>; <blindtlk at nfbnet.org>; <nfb-talk at nfbnet.org>
> Sent: Thursday, December 20, 2007 4:02 PM
> Subject: [nfb-talk] FW: Congress Fast-Tracks Dramatic Expansion of ADA
>
>
>>
>>>
>>>Congress Fast-Tracks Dramatic Expansion of ADA
>>>
>>>By Allen Smith
>>>
>>>The Americans with Disabilities Act (ADA) Restoration Act is
>>>"moving at
>>>warp speed" through Congress, Larry Lorber, an attorney with
>>>Proskauer
>>>Rose in Washington, D.C., said in a Dec. 10, 2007, interview.
>>>
>>>The legislation (H.R. 3195
>>><http://thomas.loc.gov/home/gpoxmlc110/h3195_ih.xml>  and S. 1881
>>><http://thomas.loc.gov/cgi-bin/query/D?c110:1:./temp/~c110yuvsAf::>
>>>)
>>>would strike the concept of "substantial limitation of a major
>>>life
>>>activity" from the ADA's definition of "disability" and extend the
>>>law's
>>>coverage to anyone with a physical or mental impairment.
>>>
>>>The ADA Restoration Act also would prohibit employers from
>>>considering
>>>the effect of mitigating measures, such as glasses or medication,
>>>when
>>>determining whether someone requesting accommodation has a
>>>disability,
>>>overturning the Supreme Court's ruling on this issue in Sutton v.
>>>United
>>>Airlines Inc. (527 U.S. 471 (1991)).
>>>
>>>The ADA Restoration Act has substantial bipartisan support,
>>>according to
>>>Lorber. The House version already has 241 co-sponsors, which is
>>>enough
>>>to pass that chamber. Lorber said that former President George H.
>>>W.
>>>Bush, who signed the original ADA into law, is in favor of amending
>>>it.
>>>
>>>Shades of California Law
>>>
>>>The ADA Restoration Act goes well beyond restoration and, if
>>>enacted,
>>>would make the ADA similar to California's prohibition on
>>>disability
>>>discrimination, Lorber predicted.
>>>
>>>He explained that under the California Fair Employment and Housing
>>>Act,
>>>it is "difficult if not impossible for employers to successfully
>>>deal
>>>with claims" of disability discrimination.
>>>
>>>David Fram, director of ADA and EEO services with the National
>>>Employment Law Institute, said in an interview that the ADA
>>>Restoration
>>>Act would create an even more expansive definition of "disability"
>>>than
>>>the California law. The California law at least requires that
>>>impairments limit major life activities before there is coverage.
>>>
>>>Camille Olson, an attorney with Seyfarth Shaw in Chicago, told
>>>SHRM
>>>Online that when she talks with anyone in HR about the ADA
>>>Restoration
>>>Act, "they can't believe what is being contemplated and say that
>>>it's
>>>unworkable."
>>>
>>>Courts Criticized
>>>
>>>When the Senate held hearings on the proposed amendment on Nov.
>>>15,
>>>2007, Olson was the only person who testified about the
>>>significant
>>>problems the expansion would pose for employers. "The entire
>>>discussion
>>>was that 'we meant for this to be inclusive,' " she recalled.
>>>
>>>At the Senate hearing, Chai Feldblum, professor of law at the
>>>Georgetown
>>>University Law Center, said that "in recent years, the Supreme
>>>Court has
>>>restricted the reach of the ADA's protections by narrowly
>>>construing the
>>>definition of 'disability' contrary to congressional intent. As a
>>>result, people with a wide range of impairments whom Congress
>>>intended
>>>to protect, including people with cancer, epilepsy, diabetes,
>>>hearing
>>>loss, multiple sclerosis, HIV infection, intellectual
>>>disabilities,
>>>post-traumatic stress disorder and many other impairments, are
>>>routinely
>>>found not to be 'disabled' and therefore not covered by the ADA."
>>>
>>>Feldblum said that the result has been that plaintiffs lose most
>>>ADA
>>>employment discrimination claims. "Many of us believe the ADA today
>>>is
>>>not doing the job it was intended to do. We believe the technical
>>>words
>>>of the ADA have been misused and misapplied by the courts to
>>>exclude
>>>people who deserve coverage under the law," she stated.
>>>
>>>'Double Whammy'
>>>
>>>Most disability rights groups support the legislation.
>>>
>>>In her testimony before the House of Representatives on Oct. 4,
>>>2007,
>>>Cheryl Sensenbrenner, chairman of the board for the American
>>>Association
>>>of People with Disabilities, said that "despite all the progress
>>>since
>>>the passage of the ADA, sadly, we still have a long way to go
>>>before the
>>>ADA's inclusive vision becomes a reality in America. For instance,
>>>I am
>>>amazed at how routinely kind and well-educated individuals with
>>>whom I
>>>interact assume that I acquired my disability after marrying my
>>>husband,
>>>Congressman F. James Sensenbrenner, by remarking how good it was of
>>>him
>>>to 'stick by me' through that. The fact of the matter is Jim and I
>>>fell
>>>in love and got married during a time in which I was already
>>>disabled.
>>>You see he 'got me' in a wheelchair or at best on Canadian
>>>crutches."
>>>
>>>She went on to say that courts have set up a "double whammy" for
>>>ADA
>>>plaintiffs. "First they must prove their disabilities through a
>>>series
>>>of invasive and often highly irrelevant inquiries into the most
>>>intimate
>>>aspects of their lives. Once they have satisfied this increasingly
>>>difficult standard, only then are they given the opportunity to
>>>present
>>>the facts of discrimination."
>>>
>>>'Americans Act'
>>>
>>>Fram is surprised that so many disability rights advocates support
>>>the
>>>bill.
>>>
>>>"By putting toothaches on the same level as breast cancer or
>>>diabetes,
>>>it winds up diminishing the importance of someone with a more
>>>serious
>>>condition," he remarked. Fram thought the legislation would make
>>>life
>>>more difficult for employers when workers with toothaches, earaches
>>>and
>>>the flu request reasonable accommodations, but he thought the
>>>simplified
>>>definition of who is covered "arguably would make it easier for an
>>>employer."
>>>
>>>However, Olson is troubled by the seemingly limitless coverage
>>>advocated
>>>by proponents of the ADA Restoration Act, saying that the
>>>legislation
>>>would transform the law into the "Americans Act." Olson asked,
>>>"who
>>>among us does not have an impairment? Who is perfect?"
>>>
>>>And if everyone is covered, employers may face such daunting new
>>>realities as "unlimited sick leave," she added.
>>>
>>>Olson anticipates that Congress will hold more hearings on the
>>>legislation and recommended that employers "voice their concerns
>>>about
>>>why this isn't workable."
>>>
>>>Allen Smith, J.D., is SHRM's manager of workplace law content.
>>>
>>>__________________________________
>>>Elaine E. Katz
>>>Vice President of Grant Programs and Special Initiatives
>>>The Henry H. Kessler Foundation
>>>300 Executive Drive, Suite 300
>>>West Orange, NJ 07052
>>>973.324.8367 Telephone
>>>973.324-8373. Fax
>>>Email: ekatz at hhkfdn.org
>>>Website: www.hhkfdn.org
>>
>> David Andrews and white cane Harry.
>>
>>
>> _______________________________________________
>> nfb-talk mailing list
>> nfb-talk at nfbnet.org
>> http://www.nfbnet.org/mailman/listinfo/nfb-talk
>
> -----BEGIN PGP SIGNATURE-----
> Version: GnuPG v1.4.6 (MingW32) - GPGrelay v0.959
> Comment: Key available from all major key servers.
>
> iD8DBQFHawwfI7J99hVZuJcRA0eOAJ47Hhv5w6idvJWdaxRo0DDytUdngACeIfSx
> oSXvqVJfU+ygWAC+8E0I4bQ=
> =/wU2
> -----END PGP SIGNATURE-----
> _______________________________________________
> nfb-talk mailing list
> nfb-talk at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/nfb-talk
>