Legislation that would ensure a broad interpretation of a law that bans
discrimination against people with disabilities sailed through two House
committees on Wednesday, June 18, and could soon get a vote on the House
floor.
The measure, which would amend the Americans With Disabilities Act, passed
the House Education and Labor Committee, 43-1, and the House Judiciary
Committee, 37-0.
In a rare show of cooperation, both employer and advocate groups support the
bill. They hope strong approval by the full House will generate momentum to push
it through the Senate and get President Bush to sign it this year. President
George H.W. Bush enacted the original ADA in 1990.
The bill clarifies that Congress meant for the ADA to encompass anyone “with
a physical or mental impairment that substantially limits one or more major life
activities,” regardless of whether it is episodic, in remission or being
controlled through medication.
The measure responds to Supreme Court
decisions in 1999 and 2002 that narrowed the scope of the law. Following those
rulings, courts have been applying a strict standard for defining disability and
have held that “mitigating measures” like treatment can limit
protections.
“These court rulings have effectively made the very workers
Congress intended to cover nearly two decades ago subject to legal employment
discrimination today,” said Rep. George Miller, D-California and chairman of the
labor committee. “Workers with diabetes, cancer, epilepsy—the very workers ADA
had intended to protect—can be legally fired or passed over for promotion just
because of their disability.”
Republicans on the panel were satisfied that
the previous version of the bill had been modified to address concerns of the
business community. For instance, the final measure retains language that
requires an ailment to impede a major life activity in order to qualify as a
disability.
The groups “were able to come together and refine a product that
represents the best chance I think we have to see legislation enacted this
year,” said Rep. Howard “Buck” McKeon, R-California and the ranking member of
the labor committee.
Business and disability advocates say that they have
been working together for weeks with congressional staff to hammer out a
compromise.
The bill “would maintain the functionality of the workplace while
providing important protections for individuals with disabilities,” wrote
Jeffrey McGuiness, president of the HR Policy Association, a lobbying group
representing 250 large employers, in a letter to Miller and McKeon.
Miller
praised the interest groups for cooperating rather than butting heads, and noted
that the final product won’t completely please everyone.
“They’ve been
exacting negotiations,” Miller said. “They’ve been difficult.”
Tom Donohue,
president of the U.S. Chamber of Commerce, described the final measure as
“something we’re all going to be able to live with.”
He warned members of
Congress not to significantly revise the bill as it wends through the
legislative process.
“If they do, it’s going to be hard for this coalition
moving forward,” he said.
The fact that the disparate groups have united
could catalyze Senate action, according to Nancy Zirkin, executive vice
president of the Leadership Conference on Civil Rights.
“Senate members, once
they see the deal, once they see the historic nature of the communities coming
together, we think it will pass quickly,” Zirkin said.
Disabled individuals
who want to work are another strong force pushing the bill.
“It’s about
fairness in the workplace,” said former Rep. Tony Coelho, the primary author of
the original ADA and past chairman of the board of directors of the Epilepsy
Foundation. “A job is our dignity.”
—Mark Schoeff Jr.