The ADA Amendments Act of 2008

President Bush Signs ADA Amendments Act into Law!

2008-10-05T14:23:00.001-04:00

On the morning of September 25, President George W. Bush signed the ADA Amendments Act into law in a private signing ceremony in the Oval Office before an audience of Members of Congress including Majority Steny Hoyer (D-MD), Congressman Jim Sensenbrenner (R-WI), Senators Tom Harkin (D-IA) and Orrin Hatch (R-UT), as well as AAPD Board Chair Cheryl Sensenbrenner, and others. President George H.W. Bush, who signed the original Americans with Disabilities Act (ADA) in 1990 was also present for the signing, which marked the first time former President Bush had looked on to watch his son sign a bill into law.

Correction: The link provided in yesterday's JFA was faulty, so we've reposted it below for those who tried in vain to access the website yesterday:

>>Read more about the ADA Amendments Act at www.adabill.com

>>Visit a new ADA Archives website that will serve as a clearinghouse of information about the history of the ADA to present time.

Editorial: A new law overturns years of callous Supreme Court decisions

2008-10-05T14:22:00.001-04:00

From the Houston Chronicle (9/23):

Enabling the disabled
A new law overturns years of callous Supreme Court decisions curtailing the rights of the disabled

The Americans with Disabilities Act of 1990, which then-President George H.W. Bush considered one of his administration's proudest accomplishments, was intended to give broad coverage to people with disabilities.

But in recent years the U.S. Supreme Court has consistently thwarted that intent with a series of decisions that narrowed the intended scope of the measure, denying constitutional protections to millions of disabled Americans.

Last week Congress...

>>Read more.

Bush's father joins president at ADAAA Bill Signing

2008-10-05T14:21:00.001-04:00

From the Associated Press (9/25):

Bush's father joins president at bill-signing

WASHINGTON (AP) — With his father looking on, President Bush on Thursday signed legislation expanding the protections afforded by the landmark Americans with Disabilities Act to those who can use medication or other devices to treat impairments.

The original law was enacted in 1990, when former President George H.W. Bush, the current president's father, was in office. The act is widely regarded as...

>>Read more

Photos from the White Housing Signing of the ADA Amendments Act!

2008-10-05T14:20:00.000-04:00

Photos from the White House signing ceremony for the ADA Amendments Act:

Photo 1 (President George W. Bush standing next to his father, Former President George H.W. Bush, who signed the original Americans with Disabilities Act into law in 1990)

Photo 2 (President George W. Bush signs the Americans with Disabilities Act Amendment Act in the Oval Office before an audience of Members of Congress, AAPD Board Chair Cheryl Sensenbrenner, and U.S. Attorney General Michael Mukasey)

White House Signing Expected Thursday Morning

2008-09-22T16:15:00.003-04:00

AAPD has just learned unofficially that President Bush intends to sign the ADA Amendments Act of 2008 into law on Thursday morning in the Oval Office of the White House before an audience of Members of Congress.

Developing....

House Passes ADA Amendments Act, Bill Heads to White House for Signature

2008-09-22T16:14:00.000-04:00

Just after noon last Wednesday, the U.S. House of Representatives passed the ADA Amendments Act as passed by unanimous consent last Thursday by the Senate.

The bill is now headed to the White House where Congressional champions and advocates anticipate President Bush's signature next week.

Congratulations! Passing a bill in this Congress was no small feat, and it took every call, every email, every meeting from those in the grassroots to get this bipartisan bill passed!

SENATE PASSES ADA AMENDMENTS ACT!

2008-09-11T17:10:00.004-04:00

BREAKING NEWS

At approximately 3:00 PM, ET today, Senate bill S.3406, the ADA Amendments Act of 2008, was brought to the Senate floor for a voice vote. Shortly before 5:00 PM, it passed by unanimous consent!

At approximately 5:30 PM, ET, Senators Tom Harkin (D-IA) and Orrin Hatch (R-UT) will hold a press event at the Senate Swamp (the grassy area across the drive from the east Senate steps) to mark the momentous event. Anyone interested from the D.C. area is encouraged to attend.

In June, the House approved the ADA Amendments Act of 2008 (H.R. 3195) by an impressive vote of 402:17.

But before the bill can head to the White House, the Senate bill must first be sent back to the House. If the House accepts the Senate version of the bill, it could arrive on the President's desk with a veto-proof majority! Stay tuned.

Congratulations, advocates! Your persistent push got us here today!

BREAKING NEWS: Senate to Vote TODAY on ADA Amendments Act!

2008-09-11T14:50:00.002-04:00

Senate Bill S3406 is being brought by unanimous consent to the Senate floor for a vote at 3 pm today.

In addition, there will be a press event sponsored by Senators Harkin and Hatch at 5:3 PM at the Senate Swamp.

ADAAA Senate Floor Action Possible Next Week

2008-09-10T16:40:00.002-04:00

A spokeswoman for Sen. Tom Harkin (D-IA), who introduced S. 3406 the ADA Amendments Act, told the publication "Congress Daily" today that a Senate floor vote on the bill was possible as early as next week.

A spokesman for Raking Member Michael Enzi (R-WY) told the publication that strong bipartisan action is expected before Congress goes out of session at the end of the month.

New Senate co-sponsors from the recess!

2008-09-10T10:48:00.004-04:00

Your calls and emails and in-district meetings made a difference!

Here are the newest co-sponsors from the recess!

Sen Inhofe, James M. [OK] - 9/9/2008
Sen Hutchison, Kay Bailey [TX] - 9/9/2008
Sen Whitehouse, Sheldon [RI] - 9/9/2008
Sen Inouye, Daniel K. [HI] - 9/9/2008

View the entire list of co-sponsors

269 Organizations Show Support of ADAAA in Senate Letter

2008-09-09T14:34:00.001-04:00

The final sign-on letter of support for the ADA Amendments Act has gone to the Senate and the names of 269 organizations show the breadth of support for this bill!

Read the Senate letter.

SIGN ON! Joint Letter to the Senate in Support of ADA Amendments Act (S.3406)

2008-08-12T12:18:00.001-04:00

What follows below is a letter for the Senate supporting the new Senate version of the ADA Amendments Act of 2008 (S. 3406) and its passage this year. This letter is being distributed for sign-on to ALL the employer, disability, civil rights, faith-related, health, veterans, and other organizations that supported the ADAAA.

To sign on your organization's support of this joint letter, enter your name on the ADABill.org website.

Sign on as soon as possible but absolutely no later than close of business on Friday, August 15.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The following letter will be distributed to Senators on behalf of the hundreds of organizations committed to securing the promise of the ADA.

Dear Senator,

The undersigned groups, representing a broad range of interests, write in support of the ADA Amendments Act of 2008 (S.3406). This bill introduced on July 31, 2008, had 64 cosponsors as of August 1, with 55 of those joining as original cosponsors.

S.3406 would revise the ADA in a manner designed to work for both people with disabilities and for entities governed under the law. The bill is a result of sustained efforts between Senators from both sides of the aisle and intensive and thoughtful talks between representatives of the disability community and entities governed by the law. For that reason, we believe that S.3406 strikes a delicate balance between the needs of individuals with disabilities and the realities experienced by entities including employers and public accommodations, which are covered under the law.

We urge your support in making enactment of S.3406, the ADA Amendments Act, a reality as soon as Congress returns in September. We stand ready to work with you towards that end.

Sincerely,

[your organization added here]

64 Co-Sponsors of Senate ADA Amendments Act and Counting!

2008-08-05T15:44:00.003-04:00

Six more co-sponsors have come on to the Senate ADA Amendments Act since last week.

Also, in addition to the 56 Senators listed as original cosponsors of the Senate ADA Amendments Act (S. 3406) in the last JFA email, Senator Elizabeth Dole (R-NC) was also an original co-sponsor, inadvertantly left off the list.

That brings the total count of Republican co-sponsors to 30!

TAKE ACTION:

Check to see if your Senator is on the list that follows. If they aren't, make sure they hear from you in their district offices during the August recess. Tell them to please support S.3406, the ADA Amendments Act, to level the playing field for people with disabilities in the workplace.

The entire list of co-sponsors is as follows:

Sen Alexander, Lamar [R-TN]
Sen Allard, Wayne [R-CO]
Sen Barrasso, John [R-WY]
Sen Bennett, Robert F. [R-UT]
Sen Biden, Joseph R., Jr. [D-DE]
Sen Boxer, Barbara [D-CA]
Sen Brown, Sherrod [D-OH]
Sen Brownback, Sam [R-KS]
Sen Burr, Richard [R-NC]
Sen Cardin, Benjamin L. [D-MD]
Sen Casey, Robert P., Jr. [D-PA]
Sen Chambliss, Saxby [R-GA]
Sen Clinton, Hillary Rodham [D-NY]
Sen Cochran, Thad [R-MS]
Sen Coleman, Norm [R-MN]
Sen Collins, Susan M. [R-ME]
Sen Craig, Larry E. [R-ID]
Sen Crapo, Mike [R-ID]
Sen Dodd, Christopher J. [D-CT]
Sen Dole, Elizabeth [R-NC]
Sen Durbin, Richard [D-IL]
Sen Enzi, Michael B. [R-WY]
Sen Feingold, Russell D. [D-WI]
Sen Feinstein, Dianne [D-CA]
Sen Gregg, Judd [R-NH]
Sen Hatch, Orrin G. [R-UT]
Sen Isakson, Johnny [R-GA]
Sen Johnson, Tim [D-SD]
Sen Kennedy, Edward M. [D-MA]
Sen Kerry, John F. [D-MA]
Sen Klobuchar, Amy [D-MN]
Sen Kohl, Herb [D-WI]
Sen Landrieu, Mary L. [D-LA]
Sen Lautenberg, Frank R. [D-NJ]
Sen Leahy, Patrick J. [D-VT]
Sen Levin, Carl [D-MI]
Sen Lincoln, Blanche L. [D-AR]
Sen Lugar, Richard G. [R-IN]
Sen Martinez, Mel [R-FL]
Sen McCain, John [R-AZ]
Sen McCaskill, Claire [D-MO]
Sen Menendez, Robert [D-NJ]
Sen Mikulski, Barbara A. [D-MD]
Sen Murkowski, Lisa [R-AK]
Sen Murray, Patty [D-WA]
Sen Nelson, Bill [D-FL]
Sen Obama, Barack [D-IL]
Sen Reed, Jack [D-RI]
Sen Reid, Harry [D-NV]
Sen Roberts, Pat [R-KS]
Sen Salazar, Ken [D-CO]
Sen Sanders, Bernard [I-VT]
Sen Schumer, Charles E. [D-NY]
Sen Smith, Gordon H. [R-OR]
Sen Snowe, Olympia J. [R-ME]
Sen Specter, Arlen [R-PA]
Sen Stabenow, Debbie [D-MI]
Sen Stevens, Ted [R-AK]
Sen Sununu, John E. [R-NH]
Sen Tester, Jon [D-MT]
Sen Thune, John [R-SD]
Sen Voinovich, George V. [R-OH]
Sen Warner, John [R-VA]
Sen Wyden, Ron [D-OR]

Sens. Harkin & Hatch Introduce Senate ADA Amendments Act with 56 Original Co-Sponsors!

2008-08-01T00:08:00.003-04:00

Just a few minutes ago, the bill was introduced in the Senate (S. 3406) with 56 original co-sponsors!

When the bill was brought to the floor, the bill already had 30 Senators on board, but both Senators Harkin and Hatch, unrelenting, went to numerous members directly on the Senate floor and were able to sign on an additional 26 Senators as co-sponsors!

This morning, Senator Harkin assured advocates on the call that the Senate bill builds upon the House ADA Amendments Act (which passed the House overwhelmingly in June by a 402-17 vote) in a way that maximizes bipartisan consensus. On the call, Harkin expressed confidence that the Senate bill will enjoy the same strong bipartisan support as the House bill did, and as the list below demonstrates, it already does!

Original co-sponsors:

Sen. Tom Harkin (D-IA)
Sen. Orrin Hatch (R-UT)
Sen. Edward Kennedy (D-MA)
Sen. Michael Enzi (R-WY)
Sen. Arlen Specter (R-PA)
Sen. Barack Obama (D-IL)
Sen. John McCain (R-AZ)
Sen. Chris Dodd (D-CT)
Sen. Judd Gregg (R-NH)
Sen. Hillary Clinton (D-NY)
Sen. Lamar Alexander (R-TN)
Sen. Tim Johnson (D-SD)
Sen. Pat Roberts (R-KS)
Sen. John Kerry (D-MA)
Sen. Norm Coleman (R-MN)
Sen. Russell Feingold (D-WI)
Sen. Olympia Snowe (R-ME)
Sen. Patrick Leahy (D-VT)
Sen. Richard Burr (R-NC)
Sen. Sherrod Brown (D-OH)
Sen. Gordon Smith (R-OR)
Sen. Richard Durbin (D-IL)
Sen. Lisa Murkowski (R-AK)
Sen. Frank Lautenberg (D-NJ)
Sen. John Warner (R-VA)
Sen. Bernard Sanders (I-VT)
Sen. Sam Brownback (R-KS)
Sen. Jack Reed (D-RI)
Sen. Mel Martinez (R-FL)
Sen. Barbara Mikulski (D-MD)
Sen. Johnny Isakson (R-GA)
Sen. Robert Casey (D-PA)
Sen. Larry Craig (R-ID)
Sen. Patty Murray (D-WA)
Sen. Robert Bennett (R-UT)
Sen. Mary Landrieu (D-LA)
Sen. Susan Collins (R-ME)
Sen. Joe Biden (D-DE)
Sen. Wayne Allard (R-CO)
Sen. Nelson
Sen. John Sununu (R-NH)
Sen. Benjamin Cardin (D-MD)
Sen. John Thune (D-SD)
Sen. Carl Levin (D-MI)
Sen. John Barrasso (R-WY)
Sen. Claire McCaskill (D-MO)
Sen. Mike Crapo (R-ID)
Sen. Charles Schumer (D-NY)
Sen. Ted Stevens (R-AK)
Sen. Ken Salazar (D-CO)
Sen. George Voinovich (R-OH)
Sen. John Tester (D-MT)
Sen. Thad Cochran (R-MS)
Sen. Harry Reid (D-NV)
Sen. Richard Lugar (R-IN)
Sen. Saxby Chambliss (R-GA)

As soon as we receive the bill language, we will share it over JFA.

Next 24 Hours - Sens. Harkin & Hatch to Introduce Senate ADA Amendments Act

2008-07-31T23:14:00.000-04:00

This morning, Senator Harkin announced on a call-in for grassroots advocates organized by the Leadership Conference on Civil Rights that he and Senator Hatch (R-UT) intend to introduce a Senate version of the ADA Amendments Act before the Senate recess. It is likely that this will occur in the next 24 hours. Senator Harkin assured advocates on the call that the Senate bill builds upon the House ADA Amendments Act (which passed the House overwhelmingly in June by a 402-17 vote) in a way that maximizes bipartisan consensus and minimizes unintended consequences. On the call, Harkin expressed confidence that the Senate bill will enjoy the same strong bipartisan support as the House bill did.

As soon as the Senate bill is introduced, we will share that text over JFA.

...More details to follow.

ADA Amendments Act Senate Roundtable: Who Showed Up & What Went Down

2008-07-16T15:17:00.002-04:00

The Senate Health, Education, Labor, and Pensions Committee (HELP Committee) convened a public Roundtable meeting/hearing yesterday entitled, “Determining the Proper Scope of Coverage for the Americans with Disabilities Act," and chaired by Senator Tom Harkin (D-IA).

Who Showed Up?

Tom Harkin (D-IA)
Mike Enzi (R-WY)
Orrin Hatch (R-UT)
Patty Murray (D-WA)
Pat Roberts (R-KS)

What Went Down?

Speaking in defense of the bill that passed the House 402-17 on June 25 were law professors Chai Feldblum (Georgetown University), Sam Bagenstos (Washington University), Carey McClure (an electrician with muscular dystrophy who lost his employment discrimination case on the grounds that he wasn’t "disabled enough" to qualify for civil rights protections under the ADA), attorney Jo Anne Simon (a disability rights lawyer with education expertise), and Michael Eastman from the U.S. Chamber of Commerce.

Sue Gamm, an education consultant from Chicago, expressed concerns that the House bill had the potential of creating rights for more students under the ADA and Section 504 of the Rehabilitation Act in the context of K-12 education, and were that to happen, there may be unintended consequences of increased costs for evaluations and assessments and reasonable modifications in the education context.

Terry Hartle, a Senior Vice President with the American Council on Education, expressed concerns that the House bill may make it more difficult for institutions of higher education to enforce academic standards.

Andrew Grossman, a Senior Legal Policy Analyst with the Heritage Foundation, expressed concerns that the bill would create costs for employers, especially small employers, that would hurt American competitiveness.

The five witnesses who were in support of the bill did a good job of responding to criticisms.

Senators Enzi and Hatch both made it clear that they wanted to support an ADA Amendments bill in this Congress, but that they needed an opportunity to make changes to the House bill to clarify areas of ambiguity. They did not express any details about the changes they were seeking. Senator Harkin, who chaired the hearing, made it clear that the Senate would have their own process this month and write their own bill.

Overall, Senators Harkin and Enzi were engaged and listened carefully to the witnesses, and seemed motivated to work together with Senator Hatch to work out any remaining concerns with the House bill and get a bill through the Senate in this Congress.

What's Next?

The HELP Committee bipartisan staff will have a series of meetings to resolve any issues that committee members have with the bill, with the goal of getting a bipartisan bill to the Senate Floor in September under the leadership of committee Chairman Ted Kennedy, who is expected to return to the Senate in September.

Watch the Senate Video (uncaptioned)

ADA Restoration: Frequently Asked Questions (FAQs)

2008-07-16T14:32:00.002-04:00

Q: Why did the name change?

A: Since originally introduced in 2006, we’d all grown used to and fond of calling this legislation the “ADA Restoration Act.” The important point is that the effort can still be referred to as restoration of the ADA – a return to original Congressional intent. The legislation’s name was changed to the ADA Amendments Act of 2008 to avoid confusion by signaling that the language as negotiated by the employer and disability communities was different from the legislation as introduced in July 2007. Particularly for Members who either did not support or had misgivings about the previous legislation, the name change was helpful in demonstrating that this was something other than the bill with which they had previously held concerns.

Q: Why are we trying so hard for this Congress? Why not wait?

A: Optimistic of the effect of a new Congress and administration on ADA restoration efforts, some advocates have wondered why we don’t wait for the next Congress to revisit this legislation and get it passed. First, there are no guarantees of a more favorable outcome in a future Congress. Most importantly, however, because there are scores of people with disabilities all across this country who have been told by the courts for nearly a decade that they do not have civil rights in the workplace, we cannot wait to act. Tabling efforts for a future Congress asks these individuals to continue waiting for their civil rights and can promise them nothing for it.

Practically and politically speaking, there are many conservative Democrats in the House especially who will be reluctant to vote for a civil rights bill that affects employers in their home districts and that is opposed by the major groups representing employers at the national and local levels. We recognize that support at least neutrality from the employer community is necessary to get a bill through both the House and the Senate in future Congresses (which is consistent with the experience of the passage of the original ADA).

Q: What is the “deal”?

A: The negotiation reached between the disability and employer communities is both legislative language (discussed below) and the promise to one another that we will uphold the balance struck by defending the bill against amendments to the language unless they are mutually agreed upon.

The negotiated language overturns three Supreme Court decisions that came down in 1999 (called the "Sutton trilogy" because the lead case was Sutton v. United Airlines and all three dealt with a similar issue and were decided on the same day) which decided for the first time that a person cannot use the ADA to challenge discrimination if they are able to manage the symptoms associated with their disability by using medication, prosthetics, or other means of diminishing their level of impairment. Under the negotiated language, courts would evaluate whether a person qualifies as “disabled” under the ADA without considering these measures (what courts call “mitigating measures”). This is a HUGE improvement for people with conditions like epilepsy, diabetes, depression, bipolar disorder, cancer, and many others who will have a much easier time establishing that they fall within the ADA's protected class.

The legislation would also overturn a 2003 Supreme Court decision called Toyota v. Williams. In that case, the court ruled for the first time that the standard for establishing the existence of a disability under the ADA is a demanding standard that should be interpreted narrowly. The court said in that unanimous decision that the term "substantially limited in a major life activity" means "prevented or severely restricted in an activity that is of central importance to most people's daily lives." The negotiated language makes clear that Congress wants the ADA definition to be interpreted broadly in a manner that protects the full range of individuals who experience discrimination on the basis of disability. It clarifies that "substantially limits" does not mean "prevents or severely restricts" but instead means "materially restricts," which is a new term defined in the report language as "more than moderate but less than severe". The negotiated language also includes for the first time in the statute a non-exhaustive list of major life activities and major bodily functions that is designed to restore protections for many people who have had difficulty establishing coverage in the wake of Toyota v. Williams and the Sutton trilogy.

The bill would also make it clear that when you are evaluating whether a person with an episodic condition like epilepsy or depression is substantially limited or materially restricted, you evaluate them when their condition is presenting symptoms.

Finally, the bill includes a broad "regarded as" prong of the definition that makes clear that you are protected by the ADA if you experience an adverse action based on a physical or mental impairment (whether it is real or it is simply perceived by the employer), regardless of whether that impairment actually substantially limits a major life activity. To get that substantial improvement, the disability negotiators had to relenquish the argument that had worked in a a small amount of federal appellate courts that people who come into the protection of the ADA solely under the "regarded as" prong are still entitled to a reasonable accommodation. Under the deal language, in order to get an accommodation, you must establish protection under the first prong of the definition and be actually materially restricted in a major life activity.

Q: How does this differ from H.R. 3195 as introduced last July?

A: H.R. 3195, as introduced last July, would have extended civil rights to any individual with a “physical or mental impairment,” without qualification. The new language continues to rely on the original ADA’s phrasing - “"substantially limited in a major life activity” – while defining it differently and adding explicit direction that courts are to interpret the legislation broadly for robust protections.

Q: Why did we negotiate?

A: With over 200 co-sponsors on the original bill, many have wondered why we negotiated at all. The original ADA enjoyed broad bipartisan support. This support was garnered through the protracted negotiations and compromises between the business and disability communities. It was at the request of key leadership and disability champions in the House who understood how vital the employers’ role was in the passage of this legislation that the disability and employer communities sat down in good faith to talk about the bill language and come up with a compromise that would overturn the problematic Supreme Court decisions and thus restore Congress’s intent in passing the original ADA.

Q: Who was at the table?

A: From the disability community, the groups represented at the negotiating table were the Epilepsy Foundation, the National Council on Independent Living (NCIL), National Disability Rights Network (NDRN), Bazelon Center for Mental Health Law, and the American Association of People with Disabilities (AAPD). The Disability Rights Education and Defense Fund (DREDF) was invited to participate but elected not to join the negotiation process. DREDF and many other groups provided key advice to the negotiators throughout the process. The groups representing the employers in the negotiations were the U.S. Chamber of Commerce, the Society for Human Resource Management (SHRM), the HR Policy Association, and the National Association of Manufacturers.

Q: Who was involved in the vetting process for what became the ADAAA?

A: The negotiated language was widely vetted on both the disability and employer sides. In fact, AAPD sent the proposed deal language to thousands of grassroots disability advocates on its Justice For All email listerv, asking for feedback before AAPD signed off on the deal. AAPD received well over a hundred email responses back, some with questions, which were answered, a few with concerns, which were discussed, but overwhelmingly, from those indicating their strong support of the negotiated language.

The National Council on Independent Living (NCIL) followed a similar process with their own grassroots communications. Leaders from all groups comprising the Consortium for Citizens with Disabilities (CCD) were also involved in the vetting process, suggesting tweaks and revisions that were often incorporated into final bill language.

Q: Who supports this?

A: ADAAA enjoys extremely broad support from disability, civil rights, faith-based, veterans, and employer groups. AAPD has been collecting the names of supporting organizations for several weeks now, and at last count, there were 183 national and 157 state, local, and other groups indicating their support.

Q: We got it passed in the House, now what in the Senate?

A: With the solid victory in the House (402 to 17), we are working to build the same kind of overwhelming bipartisan support in the Senate that the bill enjoyed in the House and that the original ADA also had in both houses. We anticipate Senate action on the bill in September when the Senate returns from their August recess.

Q: Does the President support this?

A: President Bush supports and understands the need to overturn the problematic Supreme Court decisions and seems ready to sign the bill. He did express some “concerns” and some ideas for how to improve the language the day before the House vote, and those concerns are being considered during the Senate process.

Q: What happens if we don’t get it done this year?

A: We try, try again. The good news is that through the tireless efforts of grassroots advocates across the country, Members of Congress and their staff are far more educated on the need for restoration than ever before, so we’ll be starting from a stronger place in terms of education and awareness.

If the bill isn’t passed in this Congress, we come back in the next Congress and try hard to get it passed as quickly as possible. Before beginning that effort, we will likely reevaluate the bill language to determine if there are things that we want to change in light of a potentially different political environment, although no major changes to the bill are expected in the next Congress.

TOMORROW: Senate HELP Committee Round Table on ADA Amendments Act

2008-07-14T22:44:00.002-04:00

TOMORROW, 10:00 am:

The Senate Health, Education, Labor and Pensions Committee (Chairman Kennedy, D-Mass.) will hold a hearing on determining the proper scope of the Americans with Disabilities Act (PL 101-336).

Contact: J. Michael Myers - Democratic Staff Director at 202-224-5375
Date: Tuesday, July 15, 10 a.m.
Place: 106 Dirksen Bldg.
Note: Room changed to 106 Dirksen Bldg. from 430 Dirksen Bldg. Witnesses added.

Witnesses Scheduled:
Chai Feldblum - Professor, Federal Legislation Clinic, Georgetown University Law Center
Carey McClure - Griffin, Ga.
Samuel R. Bagenstos - Professor of law, Washington University School of Law, St. Louis, Mo.
Jo Anne Simon - Attorney, Brooklyn, N.Y.
Michael Eastman - Director, Employment Policy, U.S. Chamber of Commerce
Sue Gamm - Consultant, Public Consulting Group, Chicago, Ill.
Terry W. Hartle - Senior vice president, American Council on Education
Andrew Grossman - Senior legal policy analyst, Heritage Foundation

NY Times: "House Votes to Expand Civil Rights for Disabled"

2008-06-26T10:21:00.002-04:00

From The New York Times (June 26):

House Votes to Expand Civil Rights for Disabled

By ROBERT PEAR

WASHINGTON — The House passed a major civil rights bill on Wednesday that would expand protections for people with disabilities and overturn several Supreme Court decisions issued in the last decade.

The bill, approved 402 to 17, would make it easier for workers to prove discrimination. It would explicitly relax some stringent standards set by the court and says that disability is to be “construed broadly,” to cover more physical and mental impairments.

Supporters of the proposal said it would restore the broad protections that Congress meant to establish when it passed the Americans With Disabilities Act that President George Bush signed in 1990.

Lawmakers said Wednesday that people with epilepsy, diabetes, cancer, cerebral palsy, multiple sclerosis and other ailments had been improperly denied protection because their conditions could be controlled by medication or were in remission....

...Read the rest of the article (free registration may be required).

The Final House Vote

2008-06-26T10:16:00.003-04:00

Your calls, letters, emails, and faxes were heard by Members of the U.S. House of Representatives loud and clear. At approximately 6:15pm this evening, the final vote for H.R. 3195, the ADA Amendments Act (formerly known as the ADA Restoration Act), was a resounding 402 to 17 (for perspective, the final vote in favor of the original ADA in the House was 378).

Yeas: 234 Democrats, 199 Republicans, 0 Independents

The 17 nays were as follows:

Paul Broun (R-10th GA)
John Campbell (R-44th CA)
John Doolittle (R-4th CA)
John Duncan (R-2nd TN)
Jeff Flake (R-6th AZ)
Scott Garrett (R-5th NJ)
Louie Gohmert (R-1st TX)
Jeb Hensarling (R-5th TX)
Jack Kingston (R-1st GA)
John Linder (R-7th GA)
Kenny Marchant (R-24th TX)
Ron Paul (R-14th TX)
Ted Poe (R-2nd TX)
Tom Price (R-6th GA)
Thomas Tancredo (R-6th CO)
Dave Weldon (R-15th FL)
Lynn Westmoreland (R-3rd GA)

VICTORY! House Passes ADA Restoration!

2008-06-26T10:14:00.003-04:00

At 4:15 PM, approximately two hours after the press conference on H.R. 3195, ADA Restoration, now known as the ADA Amendments Act, went to the House floor for debate and a final vote.

Rep. George Miller (D-CA), Chairman of the House Education & Labor Committee, provided the first statement on the floor. Referencing House testimony given in the Education & Labor Committee earlier this year, Chairman Miller outlined the experience of Carey McClure, an electrician whose job offer was rescinded after his employer discovered he had muscular dystrophy, to explain the need for restoration of Congressional intent for the ADA. Next referencing the U.S. Chamber of Commerce's support of the legislation, he went on to characterize the legislation as a balanced approach to ensure reasonable protections for people with disabilities.

Rep. Buck McKeon (R-CA), Ranking Member of the House Education & Labor Committee, briefly spoke next, before reserving the remainder of his time, and referenced the process of negotiations between the employer and disability communities in arriving at the legislation before the House today, characterizing that process as truly one of give and take.

Rep. Jim Langevin (D-RI) spoke next, poignantly referring to his life as a person with a disability both before and after the ADA. He stated that he remembered when, before the ADA, reasonable accommodations were seen as personal courtesies rather than civil rights. He urged his fellow Members to vote for H.R. 3195 to send a strong message that discrimination would not be tolerated.

Rep. Lynn Woolsey (D-CA) next stated that people with disabilities just want the same opportunities as anyone else and that it's time to do the right thing and bring back the original intent of Congress in passing the ADA.

After Rep. Woolsey, Rep. Robert Andrews (D-NJ) spoke, saying that words have meanings and that when the ADA was passed, "disability" had a common sense interpretation. Andrews said that while Americans on the street could apply common sense to determine who was and wasn't disabled for purposes of the protections of the ADA, it was unfortunate that the same reasoning was not present on the Supreme Court. Andrews said that H.R. 3195 represents a fair set of standards, representing a well-struck balance. He stated that H.R. 3195 would stand as a "liberation of talents," enabling people with disabilities who have been kept out of the workplace to enter it...

...Read who else spoke, what was said, and how the floor time concluded before the vote.

TOMORROW: Hoyer, House Leaders Hold Press Conference on ADA Amendments Act

2008-06-24T17:34:00.001-04:00

Contact:
Stacey Farnen Bernards
202-225-3130
For Planning Purposes Only
June 24, 2008

TOMORROW: Hoyer, House Leaders Hold Press Conference on ADA Amendments Act

--------------------------------------------------------------------------------

WASHINGTON - A bipartisan group of members of the House and representatives from the disability and business communities will discuss the ADA Amendments Act at a press conference tomorrow at 2:00 p.m. before expected House passage later in the day.

Recent Supreme Court decisions have narrowly interpreted the definition of “disability” under the ADA – thus making it more difficult for people to avail themselves of the law’s protections – even though Congress intentionally chose a definition of “disability” that was broad. The bill being voted on in the House tomorrow will ensure that the ADA is interpreted as originally intended by Congress.

WHO: Majority Leader Steny Hoyer (MD)
Representative Jim Langevin (D-RI)
Representative Jerry Nadler (D-NY)
Education & Labor Committee Ranking Member Buck McKeon (R-CA)
Education & Labor Committee Chairman George Miller (D-CA)
Representative Jim Sensenbrenner (R-WI)
Jay Timmons, Executive Vice President, National Association
of Manufacturers
Elizabeth Goldberg, Chair of Epilepsy Foundation Youth Council

WHAT: Press Conference on the ADA Amendments Act before House passage

WHERE: Cannon Terrace (corner of the Cannon House Office

Building, New Jersey & Independence Avenue)
[Rain Site: House Education and Labor Subcommittee Room -

Room 2261 in the Rayburn House Office Building]
**Both locations are accessible**

WHEN: 2:00 p.m.
Wednesday, June 25th

Inter-

2008-06-24T10:19:00.000-04:00

June 23, 2008

Dear Member of Congress:

As faith-based organizations committed to protecting the rights of people with disabilities, we urge Congress to pass the ADA Amendments Act of 2008. This bill is essential to protect people with disabilities from discrimination and to correct the rollback of civil rights that has occurred since the enactment of the Americans with Disabilities Act (ADA) in 1990. As this bipartisan bill moves through Congress, we strongly encourage you to give it your full support...

...Sacred texts from our diverse faith traditions agree upon the inherent value and sacredness of every human being, regardless of physical or mental ability. Our traditions teach us of our moral obligation to provide assistance to those in need, ensuring equal access for all people and helping facilitate the full participation of individuals with disabilities in our communities. We are committed to eradicating all forms of discrimination and intolerance, which alienate individuals and divide our society. We believe that the restoration of civil rights to the disabled community is of crucial importance to this struggle....

...Read the entire letter and see which organizations signed.

Disability - Business Letter of Support for the ADA Amendments Act of 2008

2008-06-24T10:18:00.002-04:00

Dear Representative:

The House is poised to consider H.R. 3195- the “ADA Amendments Act” this week. We write to request your support for this bill and urge you to oppose any amendments to the underlying bill.

We believe the ADA Amendments Act will secure the promise of the original Americans with Disabilities Act of 1990 (ADA). The ADA has as its fundamental goal the inclusion of people with disabilities in all aspects of society, including employment for people who are willing and able to work despite their disabilities. Unfortunately, court decisions over the last decade have excluded individuals who should have been covered under the current ADA law. These narrow court interpretations have restricted ADA coverage for people with diabetes, epilepsy, serious heart conditions, mental disabilities and even cancer.

A broad cross-section of both the employer and disability communities support the delicate balance the ADA Amendments Act strikes between the needs of individuals with disabilities and those of employers....

...Read the rest of the letter.

Employers and Disability Advocates Push for Amendments to Landmark ADA

2008-06-19T12:05:00.005-04:00

FOR IMMEDIATE RELEASE
June 18, 2008

Contacts:
Eric Wohlschlegel (U.S. Chamber) 202-463-5682
Maggie Kao (LCCR) 202-466-2735
Samantha Anderson (SHRM) 773-456-1456
Kimberli Meadows (EFA) 301-918-3747

Employers and Disability Advocates Push for Amendments to Landmark Americans with Disabilities Act

Employer & Disability Alliance forms to Clarify & Secure Promise of the ADA

Washington, DC – This afternoon, former Congressman Tony Coelho, U.S. Chamber of Commerce President Tom Donohue, LCCR Executive Vice President Nancy Zirkin and autism advocate Ari Ne’eman announced the formation of the Employer & Disability Alliance – a new collaborative effort among some of America’s largest business associations and leading disability and civil rights advocates to promote the ADA Amendments Act.

“Narrow court interpretations have removed ADA protections for people Congress intended to cover – those with serious heart conditions, epilepsy, diabetes, and even cancer,” said Zirkin. “Organizations in the Employer & Disability Alliance have been working around the clock with leaders in Congress to return ADA coverage – through the ADA Amendments Act – to these people and to craft an agreement that is fair to both employers and those with disabilities,” said Zirkin.

“I always say that I don’t know of any other group in America who wants to pay taxes – it’s those of us with disabilities, because a job is our dignity and an opportunity to participate in this great American dream,” said Coelho, the primary author of the original ADA. “What the ADA Amendments Act does is provide us the opportunity to work with the business community to get those jobs we want.”

“I’m thrilled to be able to speak up in support of this essential restoration of civil rights law that will ensure that Americans with disabilities, like myself, will continue to enjoy protections and are included throughout society,” said Ne’eman who is the founding president of the Autistic Self Advocacy Network.

The ADA Amendments Act clarifies the current requirement that impairment substantially limit a major life activity in order to be considered a disability. It also confirms for the courts that people with disabilities should not lose their civil rights protections because their condition is treatable with mediation or can be addressed with the help of assistive technology. The Employer & Disability Alliance sent a letter to the Hill explaining these and other elements in more detail this morning. The full text of the letter is below.

“Some will criticize the details of the compromise, and this criticism will come from some in the employer community and some in the disability community,” said Donohue. “But, in making decisions comes some heat and we are willing to take that heat to do what is necessary. Fortunately, the new proposal has been widely vetted in the business community and we look forward to working with the policymakers on Capitol Hill to move the ball forward, with the hope that this agreement can be kept largely intact.”

# # #

"The ADA Amendments Act" - the new name for ADA Restoration

2008-06-19T12:01:00.002-04:00

For advocates who are understandably confused on what to call ADA Restoration these days, as of yesterday's markups, the new name attached to the negotiated language between the disability and business communities is "The ADA Amendments Act."

So when we call Members of Congress for their support, we can refer to the bill as "The ADA Amendments Act" (although they've no doubt understood your message if you call and urge support of the ADA Restoration Act).

Revamped ADA Restoration on Fast Track

2008-06-19T11:50:00.001-04:00

From National Public Radio (June 18):

Morning Edition
Revamped Disabilities Rights Bill on Fast Track

by Joseph Shapiro

Washington is expected to see a highly unusual outbreak of cooperation Wednesday, as two longtime opponents agree on a law that would extend civil rights protection to millions of Americans.

Two groups that have been at odds — people with disabilities and American businesses — have put aside their differences to design a bill that now seems on an improbable fast track through Congress.

Advocates for people with disabilities say that recent court rulings have made the employment protections of the disability civil rights law almost meaningless, especially to people with diabetes, epilepsy, cancer, and mental illness. Last year, a court even ruled that a man with mental retardation was not considered disabled under the law...

...Read more.

New Co-Sponsors of ADA Restoration!

2008-06-19T10:14:00.001-04:00

Rep Blunt, Roy [MO-7] - 6/18/2008
Rep Schmidt, Jean [OH-2] - 6/18/2008
Rep Higgins, Brian [NY-27] - 6/18/2008
Rep Weller, Jerry [IL-11] - 6/18/2008
Rep Salazar, John T. [CO-3] - 6/18/2008
Rep Carson, Andre [IN-7] - 6/18/2008

House Ed & Labor Vote: 43 to 1 - Who Was the Nay?

2008-06-18T17:04:00.001-04:00

The House Education & Labor Committee final vote on the negotiated ADA Restoration language was 43 to 1. Who was the 1 naysayer, you ask, and what did he have to say?

Rep. Tom Price, MD (GA-06) (biography)

Rep. Price, MD emphasized that he thought the bill was moving too quickly, and he was concerned that the people involved in negotiating the bill language did not have the necessary medical expertise to make judgements about who should be considered to be a person with a disability for purposes of the ADA. He suggested that we start the process over with a body of medical experts, who, in his view, have the best understanding of disability and workplace accommodations. His views were not shared by others on the Committee, and several members, including Representatives Andrews, McCarthy and Davis pointed out that people with disabilities have been waiting a long time for their civil rights to be restored.

If you're interested in telling Rep. Price what you think of his vote and his rationale, his contact information is available online.

House Judiciary Committee Markup - Who Said What and What Went Down

2008-06-18T16:24:00.000-04:00

ADA Restoration was taken up in two House committee markups today - the Education and Labor Committee and the Judiciary Committee - just fifteen minutes apart from one another.

Advocates split up, filling both rooms to capacity and into overflow rooms designated to handle the flow.

In the House Judiciary Committee, Chairman Conyers (MI-14) and Rep. Nadler (NY-08) opened with positive statements about the restoration effort and its importance in fulfilling the promise of the ADA.

Ranking Member Smith (TX-21), Rep. Franks (AZ-02), Sensenbrenner (WI-05), and Jackson Lee (TX-18) offered remarks in support of the effort as well.

Rep. Sensenbrenner, who introduced the ADA Restoration Act last July with Majority Leader Steny Hoyer (MD-05), also offered praise for his wife, Cheryl Sensenbrenner, Chair of the Board of Directors of the American Association of People with Disabilities (AAPD), whose tireless advocacy on behalf of the legislation has swayed many a mind in the halls of Congress. Jokingly, Sensenbrenner called for swift action in the House, so she could begin to channel her pressure on the Senate.

Rep. Jackson Lee (TX-18) began her remarks by restating the bill's mission - a restoration of civil rights - and that there is little place for consideration of the "heavy hand of business" and financial assessments when contemplating civil rights.

Rep. Wasserman Schultz (FL-20) stated that she perceived the legislation as a missed opportunity to address the "industry" of lawsuits brought against small businesses for their non-compliance with the ADA, stating that she is a trial bar supporter.

Rep. Keller (FL-08) added his agreement, but noted that he had not offered his own legislation, the ADA Notification Act (H.R. 3479), as an amendment to address that concern out of respect for the delicate environment of the negotiation between the business and disability communities.

Rep. Nadler (NY-08) drew focus back to the restoration intent, stating that the sole focus should be on the Supreme Court decisions that dramatically harmed civil rights protections for people with disabilities and overturning them expressly through the legislation.

Rep. Scott (VA-03) agreed, adding that notice requirements eliminates a business's incentive to be in compliance on their own initiative, since they would then have a built-in cushion of time to comply if and when they are ever identified as being non-compliant.

Once the matter of using the negotiated disability/business language as the substitute language (in place of the original language, as introduced last July), there was unanimous approval in the Committee. A roll call was then taken, with a final vote of 27-0 in support.

House Judiciary Committee Unanimously Passes ADA Restoration!

2008-06-18T15:39:00.005-04:00

From the Office of Congressman F. James Sensenbrenner, Jr. (R-WI):

FOR IMMEDIATE RELEASE
Contact: Raj Bharwani
(202) 225-5101
June 18, 2008

House Judiciary Committee Unanimously Passes Sensenbrenner/Hoyer Bill

(WASHINGTON, DC) – Earlier today, by a vote of 27 to 0, the House Judiciary Committee unanimously passed HR 3195, the ADA Restoration Act, introduced by former Judiciary Committee Chairman Jim Sensenbrenner (R-Wis), and Majority Leader Steny Hoyer (D-MD). Additionally, the House Education and Labor Committee also marked-up the bill, where it passed overwhelmingly by a vote of 43 to 1. The following statement was made by Congressman Sensenbrenner at the Judiciary Committee mark-up:

“One of our finest moments occurred eighteen years ago when President George H.W. Bush signed the Americans with Disabilities Act into law. It was with that stroke of a pen that this country took a significant step forward in eliminating the barriers that for far too long kept disabled Americans from fully participating in the American dream. Prior to the Americans with Disabilities Act of 1990, disabled Americans faced not only physical barriers in almost all aspects of society but also attitudinal barriers, which relegated them to a form of second class citizenship. Moreover, because federal and state laws were ill-equipped to protect disabled Americans at the time, the false stereotypes and discriminatory treatment employed by others created a vicious cycle.

“Last summer, I joined with my friend, Majority Leader Steny Hoyer, to introduce the ADA Restoration Act (ADARA). The bipartisan legislation that we introduced quickly garnered nearly 250 cosponsors. We introduced the ADARA to enable disabled Americans utilizing the ADA to focus on the discrimination that they have experienced rather than having to first prove that they fall within the scope of the ADA’s protection. With this bill, the ADA’s “clear and comprehensive national mandate for the elimination of discrimination on the basis of disability” would be properly restored and the ADA can rightfully reclaim its place among our Nation’s civil rights laws.

“The ADARA was originally drafted as a response to a number of Supreme Court cases that chipped away at the broad protections of the ADA. The impact of these Supreme Court decisions has been to exclude millions of disabled workers from the ADA’s protections and requirements for employers. Let me say that again—millions of Americans who want to work and who were otherwise intended by Congress to be able to work free from discrimination, have had the door shut in their faces because of these decisions.

“The courts have created a situation in which disabled Americans can now be discriminated against by their employers because of their impairments, but these citizens are not considered disabled enough by our federal courts to invoke the protections of the ADA.

“This is unacceptable. No other civil rights law, including Title VII of the Civil Rights Act of 1964, requires a victim of discrimination to first prove that she or he is worthy of the law’s protections before proving a discrimination case. Nor should the ADA require such proof. The ADA is a civil rights law and should be interpreted as such.

“The Substitute Amendment that I am joining Chairman Conyers in offering reflects a hard sought compromise between members of the disability community and members from the business community. By its very nature, no one is completely satisfied with a compromise. Both sides made concessions to the other during their arduous negotiations.

“As in the original ADA that passed Congress in 1990, the substitute keeps the requirement that an impairment must “substantially limit a major life activity” in order to be considered a disability. As written, the ADARA would have broadened the definition of disability. The compromise defines “substantially limits” as “materially restricts” and contains explicit language rejecting the Supreme Court’s more restrictive interpretation.

“The substitute also contains a non-exhaustive list of examples of major life activities. It further notes that major life activities also include major bodily functions and contains a non-exhaustive list of examples of major bodily functions.

“The substitute amendment contains language making it clear that the “regarded as” prong of the definition covers situations in which an employee is discriminated against because of his or her actual or perceived impairment, whether or not the impairment is perceived to substantially limit a major life activity. “Regarded as” would not apply to transitory and minor impairments where an impairment is considered “transitory” if it has an expected duration of six months or less. Accommodations need not be made to someone who is disabled solely because he or she is “regarded as” disabled.

“The ADA has been one of the most effective civil rights laws passed by Congress. Its continued effectiveness is paramount to ensuring that the transformation that our nation has undergone continues in the future and that the guarantees and promises on which this country was established continue to be recognized on behalf of all its citizens.

“The substitute amendment before us today is the result of hard work and countless hours of good-faith negotiations between staff, disability advocates, and business groups. I look forward to passage by this Committee today, and expect broad bipartisan support when this bill reaches the House floor.”

###

Update on ADA Restoration and Negotiated Language

2008-06-17T13:58:00.001-04:00

Disability, civil rights and employer groups are working hard to secure support for the negotiated legislated language that has been circulated on JFA and now has the support of more than 50 national and 60 state and local disability groups, the US Chamber of Commerce, the Society for Human Resource Management, the National Association of Manufacturers, the Human Resource Policy Association, and a growing list of companies, including McDonalds, General Motors and Honeywell.

Lobbying on the House side for this negotiated deal began in earnest yesterday, focused on the members of the House Education and Labor Committee and the House Judiciary Committee.

To avoid confusion with the bill that was introduced last July, we have begun referring to the negotiated legislation as the ADA Amendments Act. In anticipation of next week's markup, we are working to counter any efforts in either committee to attach an ADA notification requirement to the bill, a cause that was championed in prior Congresses by Representative Mark Foley of Florida and that is strongly opposed by the disability-civil rights employer coalition working to enact the ADA Amendments Act. We are also working hard to secure White House and Senate Republican support for the negotiated bill.

Markup in House Education & Labor and House Judiciary Committees is set for tomorrow (see previous post).

Wednesday is a BIG DAY for ADA Restoration!

2008-06-17T10:14:00.003-04:00

Tomorrow morning, both the House Education & Labor Committee and the House Judiciary Committee will markup the ADA Restoration "deal language." We believe the negotiated language born out of months of negotiations between the business and disability communities (referred to by the business / disability coalition as the "ADA Amendments Act" to avoid confusion with the bill introduced last July) will receive strong bipartisan support during the markups, but we want as many advocates as possible to show up tomorrow to demonstrate our support for the negotiated language.

The two markups are only 15 minutes apart tomorrow, and although the ADA Restoration markup is listed first, there will be other bills marked up as well, and we've no guarantee of the order. We want both rooms to be bursting full of advocates, so if you go to one location and it looks full, please check the other markup to see if you can fill in there.

Markup Details:

10:00 am - Education and Labor Committee mark-up, 2175 Rayburn House Office Building

10:15 am - Judiciary Committee mark-up, 2141 Rayburn House Office Building

The accessible entrance to the building is the main entrance with the horseshoe drive off South Capitol Street.

Call Committee Members:
Contact Members on the House Education & Labor Committee and the House Judiciary Committee from now until tomorrow morning and urge them to support the bipartisan negotiated language that will become the Chairman's mark in both committees. Links to the names of the Committee Members and their contact information follows:

Call the Members' offices from the contact information from the links above or call the Capitol Switchboard at (202) 224-1904 (V) / (202) 224-3091 (TTY) and ask to be connected to their offices by name.

Business and Disability Communities Work Together on Legislation as New Regs Come Out

2008-06-17T10:06:00.002-04:00

From The Wall Street Journal (June 17):

Businesses Face Push to Expand Disabled Access
Advocates Worry Bid to Clarify Rules May Spur Backlash

By ELIZABETH WILLIAMSON and KRIS MAHER

The U.S. is moving on two fronts this week to expand businesses' obligations to accommodate disabled people, in a legislative and regulatory push that risks a backlash from millions of businesses worried about costs.

On Wednesday, two House committees will finish crafting a bill that broadens the population entitled to employment rights under the Americans with Disabilities Act, reversing Supreme Court decisions narrowing it. The bill could come to a vote before the July 4 recess, if lawmakers reach agreement. Also this week, the Bush administration will begin seeking public comment on 1,000 pages of proposed rules -- covering issues from hotel-room doors to theater seating -- clarifying existing regulations on physical access for disabled people....

ADA Compromise with the Business Community in the Works

2008-06-04T13:49:00.003-04:00

Moderator's note: The following article mistakenly refers to Andrew Imparato, AAPD's President and CEO as Michael Imparato.

From HR Executive Online (May 30):

ADA Compromise on Tap

Advocates for the disabled and business communities are close to agreeing on proposed changes in the ADA Restoration Act, which would reverse the effects of two employer-friendly U.S. Supreme Court decisions.

By Bonnie Conrad, Julie Davidson, Melissa Turley, cyberFEDS®

Disability advocates and business leaders are close to reaching a proposed deal to recommend language to Congress that would resolve their conflicts over the ADA Restoration Act.

The proposed language, which could still change, would redefine "disability" to be any actual, past or perceived physical or mental impairment that "substantially limits a major life activity" and then defines this phrase to mean "materially restricts a major life activity," according to details released by the American Association of People with Disabilities.

The proposal also includes a non-exhaustive list of covered major life activities, and defines the operation of major bodily functions as a covered major life activity.

According to the language released, the proposed compromise:...

Support from the Faith Community for ADA Restoration

2008-05-01T14:43:00.001-04:00

A letter signed by faith-based organizations went to Senate and House offices today in support of ADA Restoration.

From the letter:

Sacred texts from our diverse faith traditions agree upon the inherent value and sacredness of every human being, regardless of physical or mental ability. Our traditions teach us of our moral obligation to provide assistance to those in need, ensuring equal access for all people and helping facilitate the full participation of individuals with disabilities in our communities. We are committed to eradicating all forms of discrimination and intolerance, which alienate individuals and divide our society. We believe that the restoration of civil rights to the disabled community is of crucial importance to this struggle.

Read the faith community's letter to Congress urging passage of the ADA Restoration Act.

Freelance Journalist in Wichita, KS Writes for ADA Restoration!

2008-04-25T08:04:00.003-04:00

From the Wichita Eagle (April 23):

DAVID P. RUNDLE: RESTORE RIGHTS OF THE DISABLED

I have epilepsy, a disability, but may not be considered disabled in a legal sense. I
also have cerebral palsy, another disability.

Does the fact that I use a power wheelchair make me not disabled in the eyes of our courts? I don't know, but it might.

I'm being serious here.

When Congress passed the Americans with Disabilities Act (ADA) in 1990, it meant the law to cover anyone with a disability or a history of being disabled or who was perceived as being disabled.

The ADA was a bipartisan measure. In the Senate, its chief sponsors were Sen. Tom Harkin, D-Iowa, and former Sen. Bob Dole, R-Kan. In the House, former Rep. Tony Coelho, D-Calif., was a main backer.

Here is where things get weird...

...Read the rest.

21 Vets Groups & Counting Support ADA Restoration!

2008-04-20T16:49:00.002-04:00

Twenty-one veterans and military organizations have signed letters to Congress supporting ADA Restoration, which seeks to restore the original intent of Congress in protecting people with all kinds of disabilities from discrimination in the workplace.

The list of supporting veterans and military organizations includes:

VetsFirst United Spinal Association
Disabled American Veterans
Jewish War
Veterans
Veterans of Modern Warfare
Veterans of Foreign Wars
Blinded
Veterans of America
Federation of Govt. Employees
National Assoc for
Uniformed Services
Reserve Enlisted Association
Naval Reserve
Association
Sergeants Association
Enlisted Association of the National
Guard
Vietnam Veterans of America
Paralyzed Veterans of
America
AMVETS
Military Order of the Purple Heart
Military Officers
Association of America
National Association for Black Veterans
Iraq &
Afghanistan Veterans of America
American GI Forum of the U.S.Air Force

*********************************

View a copy of the letter sent to the House

Rabbi Landsberg's column carried in Baltimore Sun

2008-04-02T16:59:00.001-04:00

Rabbi Landsberg's column on ADA Restoration today appeared in the Baltimore Sun, as well.

Rabbi Landsberg in Chicago Tribune: Time is NOW for ADA Restoration

2008-03-31T14:27:00.002-04:00

From The Chicago Tribune:

Now is the time to act to protect the disabled

By Lynne Landsberg

March 31, 2008

I've been told that in my former life, I was an effortless multitasker, a fast-talker and a quick thinker. I had speaking engagements across the country and composed my most powerful speeches in airplanes and taxis. In my former life, I was Rabbi Lynne Landsberg. And although I am still Rabbi Lynne Landsberg, the rest has changed.

In 1999, I sustained a traumatic brain injury when my SUV skidded on a patch of black ice and wrapped around a tree.

When I slowly awoke from a six-week coma, I was unable to remember how to live. Through years of intensive rehabilitation, I relearned how to walk, talk, concentrate and more. Now I walk with a cane, speak slowly and require assistance with minor tasks.

Before my brain injury, I belonged to one minority that was strong and articulate-the American Jewish community. Now, I belong to a second minority that is daily the victim of discrimination yet remains powerless and barely heard-people with disabilities...

...Read the rest of Rabbi Landsberg's column.

Tell SHRM It Can Have Its Membership Back

2008-03-17T11:18:00.005-04:00

***** ACTION ALERT *******

The Society of Human Resource Management (SHRM) is speaking out of both sides of their mouth about the rights of people with disabilities.

SHRM claims to be an expert on disability rights and has even worked with Department of Labor on ADA issues in the past. Yet, SHRM is deliberately misrepresenting ADA Restoration using their reputation as experts in the field of human resources to attempt to validate their claims. In fact, they were lobbying against ADA Restoration on Capitol Hill just last week!

SHRM is urging its members to contact Congress to oppose ADA Restoration. We’re urging disability advocates to contact SHRM and tell them how disappointed you are in their opposition of fair employment of people with disabilities.

The disability community is working with real people with disabilities who have experienced real discrimination in the workplace to support ADA restoration. The business lobby is working with absurd hypothetical situations to oppose this crucially-needed legislation.

TAKE ACTION!

1) Contact your local SHRM chapter and state council.

Tell them how disappointed you are in their opposition of a bill that seeks to ensure the civil rights protections of all people with disabilities in the workplace.

Find your local SHRM chapter on the SHRM website (their drop-down menu of states is at the top of the page).

Find your SHRM state council.

2) If your own employer is a member of SHRM, urge that they withdraw their membership and withhold participation in SHRM’s events and trainings.

Please email us if your employer has done so, so that we can keep a running list of the organizations that have withdrawn their membership in response to SHRM's opposition of ADA Restoration (aapdanne@earthlink.net).

The Epilepsy Foundation sent their letter on Thursday, withdrawing its membership. Others disability groups plan to do the same.
Read the Epilepsy Foundation’s letter to SHRM.

NCD Responds to ADAR Critics

2008-02-15T11:40:00.003-05:00

The following document was prepared by the National Council on Disability in response to recent arguments made in opposition to the ADA Restoration Act legislation currently under consideration in Congress. It responds to statements that NCD considers to be inaccurate representations of the impact of this proposed legislation, and does so by utilizing facts that are based on three years of NCD's extensive research on the need for this restoration of the definition of disability in the ADA.

~Mike Collins
Executive Director
National Council on Disability

National Council on Disability
Response to Arguments Opposing ADA Restoration

The National Council on Disability (NCD) recommended,[i] and remains in strong support of, the restoration of the definition of disability in the Americans with Disabilities Act (ADA). The Congressional intent of this landmark civil rights legislation was to prevent discrimination against individuals with disabilities in all aspects of society, including employment. Instead, because of a number of Supreme Court decisions, many people with disabilities have experienced discrimination and have been denied ADA protections. Much of society has lost sight of the ADA's overall purpose to establish a clear and comprehensive prohibition of discrimination on the basis of disability.

NCD prepared this fact sheet in response to many recent misinterpretations and false claims about the ADA Restoration Act. In response to such claims, NCD offers the following:

1. Opponents Argue:

The Americans with Disabilities Restoration Act definition of disability would make it easier for many individuals -- including those with actual disabilities as well as those regarded as having a disability -- to invoke ADA protections, and it would do so by dramatically expanding the class of persons who could claim ADA coverage. Because most individuals who brought a claim would be covered, it is likely that the majority of cases would turn on whether the alleged discrimination occurred.

NCD Response:

ADA cases should turn on whether discrimination occurred. The ADA was concerned with addressing discrimination, not with differentiating one group of people as having disabilities and others as not having disabilities. It was intended to focus more on the attitudes and actions of those accused of discrimination than on the precise physical or mental characteristics of the persons allegedly discriminated against. ADA protection is a civil right -- not special benefits that must be reserved for a select few.

The ADA Restoration Act would protect anyone discriminated against on the basis of disability. This parallels Titles VI and VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 that protect all Americans from discrimination on the basis of race, color, sex, religion, and national origin.

2. Opponents Argue:

By deleting references to "substantial limitations," and "major life activities," the ADA Restoration Act would protect "individuals with virtually any kind of impairment, no matter how minor or temporary, such as the common flu, a cut finger, or a sprained ankle."

NCD Response:

The ADA Restoration Act would only protect individuals who experience discrimination on the basis of disability. A review of the ADA case law reveals that individuals are not attempting to claim disability discrimination against them for having the flu or a cut finger. Rather, the case law is full of cases of discrimination against individuals with epilepsy, diabetes, cancer, hearing loss, depression, multiple sclerosis, etc, who are being denied ADA protection for reasons unrelated to whether they were discriminated against.

The Restoration Act includes definitions of "physical impairment" and "mental impairment" derived from Section 504 of the Rehabilitation Act, ADA regulations and ADA committee reports. They declare that "[t]he term 'physical impairment' means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine;" and "[t]he term `mental impairment' means any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disabilities." The standards for "physical or mental impairment" are clear, substantial, and long-accepted.

Once a condition has met the definition of "impairment," a person seeking to invoke the protection of the ADA must still show either that she or he was discriminated against because of it, or that it interferes with performance of essential job tasks or receipt of job benefits so that a reasonable accommodation is needed. Accordingly, the far-fetched hypothetical statements about minor imperfections that purportedly would give rise to ADA protection, are unsubstantiated, even supposing that such a condition was construed to be an "impairment." In the rare, if ever, circumstance, that an employer fires someone because of a minor condition that meets the definition of "impairment," then the ADA should and, properly interpreted, would since its enactment have applied and required the employer to try, if it can, to justify the termination as justified under the Act.

Similarly, seldom would a minor impairment give rise to the need for a reasonable accommodation to enable the worker to perform an essential function of the job. If a minor impairment did necessitate a reasonable accommodation, the employer is free to choose between alternative effective accommodations (after consulting with the employee and engaging in the "interactive process" for determining accommodations) that will enable the worker to do the job. For example, if an employee's cold or flu is truly preventing him or her from doing the job, employers may, and usually do, advise the employee to go home and get well. Portraying such unlikely hypothetical situations involving minor impairments as giving rise to a violation of the ADA is no answer to the hundreds of people with epilepsy, diabetes, cancer, or hearing loss, who have been told they cannot pursue an ADA claim of discrimination because they are not disabled enough.

Minor imperfections usually will not qualify as "impairments" under the ADA Restoration Act definition; employers will rarely if ever impose negative employment consequences on the basis of a minor impairment; and minor impairments are highly unlikely to prevent performance of essential job tasks so as to necessitate a reasonable accommodation; if a minor impairment was to require accommodation, a minor accommodation would almost always be sufficient to resolve the matter.

3. Opponents Argue:

The ADA Restoration Act would entitle individuals with minor or temporary impairments to reasonable accommodations.

NCD Response:

The ADA already includes language that serves to restrict the scope of the accommodation mandate; the Act defines discrimination as including "not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual." (42 U.S.C. § 12112(b)(5)(A)) (emphasis added). A reasonable accommodation is only required for individuals who have an actual need for the accommodation. As explained in #2 above, a minor imperfection will likely not qualify as an impairment under the ADA Restoration Act. Furthermore, a minor impairment is not likely to give rise to a need for a reasonable accommodation.

4. Opponents Argue:

The Americans with Disabilities Restoration Act specifies that the determination of whether an individual has a physical or mental impairment shall be made without regard to whether the individual uses a mitigating measure. This would broaden the class of covered individuals even further.

NCD Response:

The class of protected individuals would be broadened as compared to the class as defined by the Supreme Court in Sutton. It would not broaden the class as compared to that intended by Congress. The purpose of the ADA Restoration Act is to restore the coverage intended by Congress when it passed the ADA, not to codify the class as defined by the Supreme Court.

5. Opponents Argue:

The Americans with Disabilities Restoration Act removes a fundamental requirement of the ADA that a plaintiff has the burden of showing that he or she is "qualified for the position at issue."

NCD Response:

In order to make it clear that, instead of defining a class of people to be protected against disability-based discrimination that the alleged discrimination itself should be the focus of any judicial inquiry, the "qualified individual" language was taken out of the beginning of the broad prohibition of discrimination (Sec. 102) in the ADA. The "qualified individual" language was added to the "Defenses" section of the ADA (Section 103(a) by the House and Senate bills in order to show that employers can still insist that workers be qualified. Additionally, the ADA Restoration Act would retain the language in the definition of discrimination that includes "not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual." (42 U.S.C. § 12112(b)(5)(A)) (emphasis added). Thus, the requirement to make a reasonable accommodation still applies only to an individual who is otherwise qualified.

6. Opponents Argue:

The ADA Restoration Act would "dramatically increase unnecessary litigation, create uncertainty in the workplace, and (will) upset the balance struck by Congress in adopting the ADA."

NCD Response:

The purpose of the ADA was to provide a clear and comprehensive prohibition of disability-based discrimination. This purpose has been thwarted by Supreme Court decisions that divide people with disabilities into two classes -- those who may be discriminated against and those who may not. By focusing on the severity of disability instead of on the conduct of discrimination, the Supreme Court has permitted disability-based discrimination, even when the entity involved admits taking an adverse action against an individual because of that individual's disability. People who Congress expressly intended to be protected from disability discrimination are no longer protected.

The ADA Restoration Act is urgently needed to restore the civil rights of people with disabilities. With plaintiffs losing 97 percent of disability claims of employment discrimination in the workplace,[ii] it is no wonder that organizations representing employers are opposed to ADA restoration. Congress need only compare the number of actual cases of discrimination that have been presented by the disability community to the number of actual cases presented by ADA Restoration Act opponents to understand the urgency and imperative of ADA restoration.

National Council on Disability
February 14, 2008

------------------
[i] National Council on Disability, Righting the ADA, (2004) http://www.ncd.gov/newsroom/publications/2004/righting_ada.htm

[ii] ABA Special Feature, 2003 Employment Decisions Under the ADA Title I-Survey Update, 28 Mental & Physical Disability L. Rep. 319 (2004).

YouTube Video of Carey McClure Testimony

2008-02-12T10:14:00.000-05:00

Carey McClure, an electrician of over 20 years whose job offer was revoked by General Motors because of his muscular dystrophy (despite having passed both written and practical tests), testified at the last ADA Restoration hearing about his experience.

Recently, Democrats of the House Education and Labor Committee posted a portion of his testimony, over music, on YouTube.

Because the YouTube video is not captioned, we have linked below to "Day in Washington," a disability policy blog featuring downloadable podcasts, where a transcript is available in the comments portion of the posting.

View the video.

Jewish Disability Network Advocates for ADA Restoration

2008-02-08T11:29:00.000-05:00

On Wednesday, members of the Jewish Disability Network, a coalition of more than 20 organizations, met with Members of Congress, specifically targetting the four committees of jurisdiction over ADA Restoration.

Rabbi Lynne Landsberg, a survivor of a Traumatic Brain Injury (TBI), was amongst those attending the meetings.

Read the press release, which includes a copy of a letter sent to all Members of Congress and signed by 60 national, state, and local Jewish organizations urging the passage of the ADA Restoration Act.

Rep. Holt E-Newsletter Article about ADA Restoration

2008-02-08T11:25:00.000-05:00

Rep. Rush Holt (NJ-12), an original co-sponsor of ADA Restoration in the House, wrote about ADA Restoration in his most recent e-newsletter to constituents.

Read his e-newsletter.

New Senate Co-Sponsor!

2008-02-01T15:48:00.000-05:00

Senator Ted Stevens, a Republican from Alaska, has joined us as the second Republican co-sponsor of the bill in the Senate just yesterday!

ADA Hearing - Who Showed Up, What Went Down

2008-01-29T18:16:00.000-05:00

The House Committee on Education & Labor's hearing on the ADA Restoration Act of 2007 (H.R. 3195) was well-attended by both Members of Congress as well as advocates, who filled the hearing room as well as an overflow room. 27 Members were in attendance. A detailed summary of the hearing appears on JFActivist.

Who:

Members - 27 Members attended at least part of the hearing. Check to see if your Member attended. View the entire list.

Witnesses
- Majority Leader Steny Hoyer (D-MD), Chief Sponsor of H.R. 3195
- Andrew Imparato, Pres. & CEO, American Association of People with Disabilities (AAPD)
- Carey McClure, Plaintiff in ADA Lawsuit v. General Motors
- Robert L. Burgdorf, Professor of Law, University of the District of Columbia
- David K. Fram, Esq., Director, National Employment Law Institute

Highlights:
- Acting Chairman Andrews referenced the "tortured interpretations" of the ADA by the courts.
- Carey McClure, when asked what accomodation GM could have given him answered that they could have let him start working.
- Rep. Sarbanes said he was "fascinated by the courts' mischief."
- Read what everyone had to say in greater detail on JFActivist.

More Information:
- Read Andrew Imparato's testimony
- Read other witness testimony on JFActivist.
- Read the House Committee on Education and Labor's press release on today's hearing.

We're So Close Now....Critical Days for ADA Restoration

2008-01-25T15:31:00.000-05:00

****ACTION ALERT!****

These are important days for ADA Restoration. Earlier this week, advocates from the disability community met with Majority Leader Steny Hoyer (D-MD) regarding our next steps.

On Tuesday, the House Committee on Education & Labor will hold a hearing on the legislation, and in just a matter of weeks, we could be looking at a House floor vote. These are critical days in the House for ADA Restoration.

HELP MAKE THEM COUNT!

WHAT: Majority Leader Hoyer has personally asked all grassroots advocates to contact their Members of the House - ASAP - and tell each of them to support ADA Restoration, H.R. 3195, and why it's so important that they do.

(View ADA Restoration talking points.)

WHEN: Now! There's no time to lose. Members will be in their districts next week on recess. We have a lot of Members to contact - 435 of them - with our message - fulfill the promise of the ADA and create an equal playing field for people with disabilities in the workplace!

WHO: All Members of the House of Representatives. Even the co-sponsors need to hear from us again as to just how important it is that they vote for ADA Restoration.HOW: Locate your Representatives by entering your zipcode at www.congress.org and email, fax, write, and call your Representatives today and during next week.

SHARE: Tell us who you've spoken to and what they said. Email us your updates at aapdanne@earthlink.net.

MORE INFO: Visit the AAPD ADA Restoration Blog for all the latest information and helpful materials on the ADA Restoration Act.

January Co-Sponsors

2008-01-23T10:04:00.000-05:00

The latest additions to the co-sponsor list in the House are:

Rep. Eddie Bernice Johnson [TX-30]
Rep. Luis G. Fortuno [PR]

House Ed & Labor Hearing Details

2008-01-23T09:57:00.000-05:00

From the House Committee on Education & Labor website:

January 29:
Hearing on "H.R. 3195, ADA Restoration Act
of 2007," scheduled at 10:00 a.m.* in room 2175 Rayburn
H.O.B. Witnesses to be announced.

*Please note this is a finalized start time, despite earlier listings that the hearing was to begin at 9:30 AM

HEARING RESCHEDULED

2008-01-18T11:19:00.000-05:00

The House Committee on Education and Labor has rescheduled the ADA Restoration hearing for Tuesday, January 29th, at 10:00 AM.

Details regarding the exact location and the list of individuals set to testify will be made available in the days to come. Stay tuned.

Between now and then, please call the Committee members and urge their attendance at this important hearing!

UPDATE - Hearing Postponement

2008-01-10T11:39:00.000-05:00

AAPD has just learned that the hearing in the House Committee on Education and Labor on the ADA Restoration Act has been postponed due to a conflicting floor vote.

Andrew J. Imparato, AAPD's President and CEO, will provide testimony at the hearing, which is expected to be rescheduled for later this month.

Justice For All email (sign up here) and the ADARestoration blog will keep you informed with the very latest details as they become available.

We still encourage advocates to continue to call Members of the Ed & Labor Committee and urge them to make attending the hearing, once scheduled, a priority. View a list of Ed & Labor Committee members.

House Hearing Scheduled for NEXT WEDNESDAY!

2008-01-09T15:46:00.000-05:00

The House Education and Labor Committee has scheduled a hearing on the ADA Restoration Act (H.R. 3195, S. 1881) for next Wednesday, January 16, at 10:00 AM in 2175 Rayburn House Office Building.

Those interested in joining the hearing remotely can do so via webcast by clicking on the link on the Committee's webpage the morning of the hearing. (*NOTE* The Committee website has not yet been updated with this information but the link to join should be available in coming days).

Show Your Support:

1) Attend the hearing! We strongly encourage advocates to attend the hearing to show their support of this legislation. With the U.S. Chamber of Commerce lining up others from the business community who are in opposition of this bill, it's vital that we show a strong presence at the hearings to show the importance of this bill to our community. The accessible entrance to the building is the main entrance with the horseshoe drive off South Capitol Street.

2) Urge members to attend! We encourage advocates to contact the members of the Education and Labor Committee and urge them to come to the hearing. Use the link below to find their contact information or call the Capitol Switchboard at (202) 224-3121 (V) / (202) 224-3091 (TTY) and ask to be connected to their offices by name. Tell them that this hearing is important to people with disabilities because the ADA Restoration Act is vital to fixing damage done by the Courts to civil rights protections of people with disabilities in the workplace.

View a list of Committee members

Grassroots Hard at Work on ADA Restoration

2008-01-07T13:08:00.000-05:00

The following update comes to us from Mary Tintes of Fargo, North Dakota:

Hello,

In the past month, [Freedom Center for Independent Living] has held gatherings in 3 cities in ND and MN, asking people to write letters to their senators urging support for the ADA Restoration Act. So far, there have been at least 80-100 letters sent to Senators Dorgan and Conrad, ND and Senators Klobuchar and Coleman, MN from constituents who gathered at these meetings.

Further, letters to the editor urging readers to support the legislation and to write to their senators have been published in 4 out of 5 major newspapers in the area served by our organization.

Happy New Year!
Mary C Tintes
Community Organizer

Read the letter to the editor that was published in Detroit Lakes, Minnesota Tribune (12/21/07), The Forum (Fargo-Moorhead metro area ND/MN) (12/22/07), Jamestown Sun (ND) (12/27/07), and the Fergus Falls Journal (MN) (12/22/07) and just Friday in the Valley City Times-Record (ND) (1/4/08).

Do you have an update you'd like to share?
Send your updates on your work to support the ADA Restoration Act to JFA Moderator Anne Sommers (aapdanne@earthlink.net) to share with other advocates with your permission.

New Opponents to ADA Restoration Means Stepped up Fight in New Year

2007-12-19T10:03:00.000-05:00

On Monday, the U.S. Chamber "and friends" were up to no good, faxing every Member of Congress with a message that ADA Restoration goes too far with civil rights - that it expands protections beyond what Congress ever intended and, in essence, that the ADA was only ever truly intended for the "severely disabled."

Their mischaracterizations of the legislation are not new (they've sent letters before and testified at hearings with these same claims), but the list of signatories on this particular communication has grown to include numerous others.

When we're all back from the holidays, expect renewed fervor and be ready to join us in the fight to see this bill passed into law and the promise of the ADA fulfilled in the New Year!There are a few things we can all do over the holidays to show support of ADA Restoration:

1) Visits & Calls during the Recess
Members of Congress are preparing to leave for the recess. If possible, arrange for visits with Members and their staff, and make sure the message from the disability community is heard loud and clear - the ADA is NOT protecting scores of people with disabilities from illegal discrimination on account of narrow court interpretations of the law. People Congress clearly intended to cover under the law are being told they aren't "disabled enough" to have civil rights!

Review other talking points (pdf) (doc).

2) Opinions / Editorials
Local op/ed pieces written by advocates that highlight real life stories of discrimination to show the need for restoration of the ADA would also powerfully impact Members of Congress while they're home.

Review "real life stories" of discrimination by state (pdf) (doc) for ideas of stories to highlight.

3) Letters to the Opponents
Advocates can also write the signatories of this latest opposition letter (the list is below), expressing disappointment for their opposition as well as their failure to contact people with disabilities - those most affected by the law - about why they feel restoration is necessary. After all, many of us are employers, too, and we embrace the ADA!

Read the letter of response from the House Majority Leader Steny Hoyer (D-MD) and Congressman Jim Sensenbrenner (R-WI) to the original letter of opposition from the U.S. Chamber of Commerce.

************
If you are able to meet with Members or their staff over the holidays or to get any op/ed piece published, please notify AAPD at aapdanne@earthlink.net so we can share this information with national coalition members.

Opposed to The ADA Restoration Act:

Associated Builders & Contractors
Food Marketing Institute
HR Policy Association
International Foodservice Distributors Association
International Franchise Association
National Association of Convenience Stores
National Association of Manufacturers
National Council of Chain Restaurants
National Federation of Independent Business
National Restaurant Association
National Retail Federation
National Roofing Contractors Association
Retail Industry Leaders Association
Society for Human Resource Management
U.S. Chamber of Commerce

Three More!

2007-12-11T12:55:00.000-05:00

Three more in the House!

Rep. Allyson Y. Schwartz (PA-13)
Rep. Michael E. Capuano (MA-8)
Rep. Jim Gerlach (PA-6)

We're up to 241! Amazing!

***** Let's do the same in the Senate! *****

Call the Capitol Switchboard and call your Senators today!

(202) 224-3121 (voice) / (202) 224-3091 (TTY)

Three New House Co-Sponsors

2007-12-05T11:47:00.001-05:00

The newest additions to our growing list of House co-sponsors are:

Rep Jerry McNerney (CA-11)
Rep Xavier Becerra (CA-31)
Rep Jon C. Porter (NV-3)

New Podcast on Senate ADA Restoration Hearing

2007-11-26T16:05:00.000-05:00

From Day In Washington (Thanks, Day!):

Episode Summary:
This week’s podcast covers the Senate Health, Education and Labor Committee’s hearing on ADA Restoration. Within this podcast are snippets of audio from the hearing.

Audio File: Day in Washington Podcast #14(b) - ADA Restoration Senate Hearing

To access the transcript, scroll down on the podcast post.

Congress Is in Recess - Time to Bring ADA Restoration Home

2007-11-26T15:14:00.000-05:00

Below is a list of some of the meetings Members of Congress are hosting during the recess. AAPD encourages all grassroots advocates to attend these meetings and make ADA Restoration an item on the agenda. Currently, none of the members listed below are House co-sponsors of ADA Restoration.

CALIFORNIA

Topic: Town Hall Meeting
Official: Rep. Dan Lungren (REP-CA)
When: 11/28/2007, 07:00 PM until 08:30 PM
Where: Folsom City HallCity Council Chambers, 50 Natoma Street, Folsom, CA 95630

Topic: Annual Open House
Official: Rep. Ed Royce (REP-CA)
When: 12/14/2007, 05:00 PM until 08:00 PM
Where: District Office in Fullerton, 305 North Harbor Boulevard, Suite 300, Fullerton, CA 92832

KANSAS

Topic: Big First Listening Tour
Official: Rep. Jerry Moran (REP-KS)
When: 11/26/2007, 03:15 PM until 04:15 PM
Where: Wichita County Business CARE Center, 102 West Broadway, Leoti, KS

Topic: Big First Listening Tour
Official: Rep. Jerry Moran (REP-KS)
When: 11/27/2007, 03:30 PM until 04:30 PM
Where: Rolla High School Cafeteria, 203 Van Buren Street, Rolla, KS

Topic: Big First Listening Tour
Official: Rep. Jerry Moran (REP-KS)
When: 11/28/2007, 07:00 PM until 08:00 PM
Where: 110 South First Street, Madison, KS

Topic: Big First Listening Tour
Official: Rep. Jerry Moran (REP-KS)
When: 11/29/2007, 12:30 PM until 01:30 PM
Where: Kiwanis ClubEmporia Country Club, 1801 North Rural, Emporia, KS

Topic: Big First Listening Tour
Official: Rep. Jerry Moran (REP-KS)
When: 12/03/2007, 12:00 PM until 01:00 PM
Where: Rotary ClubCasey's Cowtown Club, 503 East Trail Street, Dodge City, KS

Topic: Big First Listening Tour
Official: Rep. Jerry Moran (REP-KS)
When: 12/07/2007, 12:00 PM until 01:00 PM
Where: Lions ClubBelleville Country Club, 2208 Country Club Drive, Belleville, KS

Topic: Big First Listening Tour
Official: Rep. Jerry Moran (REP-KS)
When: 12/07/2007, 09:45 AM until 10:45 AM
Where: Community Center, 136 East Commercial, Waterville, KS

Topic: Big First Listening Tour
Official: Rep. Jerry Moran (REP-KS)
When: 12/27/2007, 12:00 PM until 01:00 PM
Where: Lions ClubCloud County Community College, 2221 Campus Drive, Concordia, KS

MICHIGAN

Topic: Coffee with Bart
Official: Rep. Bart Stupak (DEM-MI)
When: 11/27/2007, 07:30 AM until 08:30 AM
Where: Big Boy Restaurant, 607 East Lakeshore Drive, Manistique, MI

Topic: Town Hall Meeting
Official: Rep. Bart Stupak (DEM-MI)
When: 11/28/2007, 05:30 PM until 06:30 PM
Where: Gladstone City HallCommissioner's Chambers, 1100 Delta Avenue, Gladstone, MI

OKLAHOMA

Topic: Americans for Prosperity Town Hall
Official: Rep. John Sullivan (REP-OK)
When: 11/29/2007, 06:00 PM
Where: Hardesty Library, 8316 East 93rd Street, Tulsa, OK

PENNSYLVANIA

Topic: Mobile Office Visit, call (202) 225-4315 to schedule an appointment
Official: Rep. Jim Gerlach (REP-PA)
When: 11/26/2007, 01:00 PM until 02:00 PM
Where: Kutztown Borough Hall, 45 Railroad Street, Kutztown, PA 19530

Topic: Mobile Office Visit, call (202) 225-4315 to schedule an appointment
Official: Rep. Jim Gerlach (REP-PA)
When: 11/30/2007, 01:00 PM until 02:00 PM
Where: Skippack Township Building, 4089 Heckler Road, Skippack, PA 19474

TEXAS

Topic: Town Hall Meeting
Official: Rep. Pete Sessions (REP-TX)
When: 11/27/2007, 07:00 PM until 08:30 PM
Where: Lakewood Elementary School, 3000 Hillbrook Street, Lakewood, TX

Support from the broader civil rights community

2007-11-20T14:36:00.001-05:00

Support from the broader civil rights community is building for ADA Restoration:

American Civil Liberties Union (ACLU) - "ACLU Commends Senate Committee for Support of ADA Restoration Act"

Leadership Conference on Civil Rights (LCCR) - Letter of Support to the Senate Health, Education, Labor, and Pension Committee Members (pdf)

ADA Hearing in the Senate - What Went Down

2007-11-15T22:51:00.000-05:00

The ADA Restoration Act hearing in the Senate Health, Education, Labor, and Pensions(HELP) Committee, while poorly attended by Members (only Senator Tom Harkin (D-IA) and Senator Patty Murray (D-WA) attended), nonetheless delivered a strong message to the Congressional record of its need.

Senator Harkin (D-IA), the lead sponsor of the Senate bill, S.1881, began the hearing by addressing his involvement with the original ADA, what Congress intended, and some of the Supreme Court decisions that have brought us way off course with this great law.

Long time disability rights leader John Kemp, at attorney in Washington, D.C., was first to speak from the panel. Mr. Kemp spoke of his personal experience having grown up without arms or legs and stated that disability discrimination is "un-American."

Dick Thornburgh, Attorney General under Former President George H.W. Bush, like Senator Harkin, spoke of his role in the passage of the original ADA and what he understood Congress's intent to be.

Steven Orr, a pharmacist with Type 1 diabetes from South Dakota, spoke next. Mr. Orr, who wears an insulin pump, detailed his experience of discrimination by his employer who flat out told him he was firing him because of his diabetes but who nonetheless lost his case when the Courts determined that he was not "disabled" for purposes of the ADA's protections.

Camille Olson, an attorney and professor from Chicago, offered an oppositional viewpoint. While noting all the progress in the workplace to date on account of the ADA, Ms. Olson argued that the ADA Restoration Act of 2007 is not a suitable solution to address concerns with the ADA, arguing that the legislation included too many people with all varieties and severities of impairments in its protections.

After Ms. Olson spoke, Senator Patty Murray (D-WA), who joined the hearing after Mr. Kemp's testimony but who left after Ms. Olson's, asked for a few minutes to make remarks before having to excuse herself to another Senate obligation. Senator Murray first thanked Senator Harkin for drawing attention to the problems the courts have created for people with disabilities under the ADA. She shared that her father had spent much of his life in a wheelchair on account of muscular sclerosis and that she remembered vividly life before the ADA - having to make numerous calls and other inquiries regarding parking and accessibility just to have a family outing. She said if her father was still alive, he would most assuredly not want to think progress was retreating. The Senator also made mention of the large numbers of returning vets with Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI) and noted the importance of this topic on their interests.

Chai Feldblum, a law professor at Georgetown University Law Center, spoke last on the panel, and provided a detailed legal perspective from the beginnings of the ADA, of which she played an integral role, to the present erosion of its intended protections on account of Supreme Court rulings. Ms. Feldblum took several of Ms. Olson's points head on, addressing both points she made in her oral as well as written testimony with powerful counterarguments and passionately dismantling many of her claims.

After noting that this hearing was only the first of several hearings to come on this bill, Senator Harkin asked a number of questions of the witnesses before adjourning the hearing approximately two hours after it began.

An archived webcast of the hearing is available (uncaptioned), and transcripts are expected in coming weeks.

URGENT ACTION ALERT: Urge Your Senators to Co-Sponsor ADA Restoration

2007-11-13T17:25:00.000-05:00

********URGENT ACTION ALERT********

The grassroots have been making quite a roar in the House since the summer working to raise support for ADA Restoration. With the Senate hearing scheduled for this Thursday on ADA Restoration, it’s time to let the Senate hear from the disability community about the importance of restoring the promise of the ADA as well.

ACTION NEEDED: Call your Senators and the Senators from the HELP Committee TODAY and urge them to co-sponsor the ADA Restoration Act (S. 1881). For those on the HELP Committee, also urge them to attend the ADA Restoration hearing on Thursday. Call the Capitol Switchboard at (202) 224-3121 / (202) 224-3091 TTY. To identify your state’s Senators, go to: http://www.senate.gov/. A list of the Senate HELP Committee Members is listed below. (Note, some of them may have already signed up as cosponsors. If you call and discover this, simply thank them for their co-sponsorship and urge them to attend the hearing on Thursday if they are on the HELP Committee).

It’s important that this bill show bipartisan support, like the original ADA did, so please help with outreach to the Republican Members of the HELP Committee in particular.

Senate HELP Committee Members:

Republicans:
Michael B. Enzi (WY), Ranking Member
Judd Gregg (NH)
Lamar Alexander (TN)
Richard Burr (NC)
Johnny Isakson (GA)
Lisa Murkowski (AK)
Orrin G. Hatch (UT)
Pat Roberts (KS)
Wayne Allard (CO)
Tom Coburn (OK)

Democrats:
Edward M. Kennedy (MA), Chair
Christopher J. Dodd (CT)
Tom Harkin (IA) – original sponsor
Barbara A. Mikulski (MD)
Jeff Bingaman (NM)
Patty Murray (WA)
Jack Reed (RI)
Hillary Rodham Clinton (NY)
Obama (IL)
Sherrod Brown (OH)

WHAT TO SAY:

Model Script for Senators on the HELP Committee:

"Hi. My name is_______ and I live in ________. I want Senator______ to cosponsor the ADA Restoration Act of 2007, and I want him/her to attend the Senate HELP Committee hearing this Thursday at 2:00pm. Seventeen years ago, the ADA was passed with overwhelming bipartisan support, yet people with disabilities are still being treated unfairly. People with disabilities are in a no-win situation. Employers can say that I am "too disabled" to perform my job, but "not disabled enough" to be protected by the ADA if I’m discriminated against. This is wrong! Please restore the ADA and restore my civil rights! Please tell Senator _______ to cosponsor S. 1881.

Model Script for Senators (Generic):

"Hi. My name is_______ and I live in ________. I want Senator______ to cosponsor the ADA Restoration Act of 2007. Seventeen years ago, the ADA was passed with overwhelming bipartisan support, yet people with disabilities are still being treated unfairly. People with disabilities are in a no-win situation. Employers can say that I am "too disabled" to perform my job, but "not disabled enough" to be protected by the ADA if I’m discriminated against. This is wrong! Please restore the ADA and restore my civil rights! Please tell Senator _______ to cosponsor S. 1881.

Hearing Scheduled in Senate HELP Committee!!

2007-11-13T17:14:00.000-05:00

The first Senate hearing on ADA Restoration is scheduled for THIS THURSDAY, November 15 at 2:00 pm in the Senate Health, Education, Labor, and Pensions (HELP) Committee in Dirksen 430. Accessible entrances are at 1st Street and C Street.

If you’re available, plan on packing the room to show your support! Alternately, there will be a live, uncaptioned webcast of the hearing. Information about the webcast is available at the Senate HELP Committee website.

The list of witnesses is as follows:

-- John Kemp, Attorney, Powers, Pyles, Sutter & Verville, P.C., Washington, D.C.
-- Former Attorney General Dick Thornburgh, Counsel, Kirkpatrick & Lockhart, Preston, Gates, Ellis, LLP, Washington, D.C.
-- Steven Orr, Pharmacist, Rapid City, South Dakota
-- Chai Feldblum, Director, Federal Legislation Clinic and Professor of Law, Georgetown Law Center, Washington, D.C.
-- A minority witness, yet to be announced

3 More on Halloween

2007-11-05T10:48:00.000-05:00

The latest co-sponsors in the House:

Rep. Charles A. Gonzalez (TX-20)
Rep. Daniel Lipinski (IL-3)
Rep. John A. Yarmuth (KY-3)

Most recent House co-sponsors

2007-10-23T11:58:00.000-04:00

We're up to 232 co-sponsors in the House, and the latest additions are:

Rep. Tim Ryan (OH-17)
Rep. Lincoln Davis (TN-4)
Rep. Ileana Ros-Lehtinen (FL-18)
Rep. Mazie K. Hirono (HI-2)
Rep. Candice S. Miller (MI-10)
Rep. Vern Buchanan (FL-13)
Rep. Frank A. LoBiondo (NJ-2)

NPR features ADA Restoration story

2007-10-23T10:21:00.000-04:00

National Public Radio (NPR) featured a piece on ADA Restoration yesterday on "All Things Considered," which explains the need for ADA Restoration by telling the story of Stephen Orr, a pharmacist with diabetes who when fired by Wal-Mart, was told he was being fired because he was diabetic. Despite this blatant discrimination on the basis of his disability, when he sued under the ADA, the court sided with Wal-Mart, finding Mr. Orr "not disabled" because he managed his diabetes well with his insulin.

Mr. Orr was one of a panel of five who testified October 4 before the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties on H.R. 3195, the ADA Restoration Act of 2007.

Listen to the NPR audio file and read the accompanying news story here.

Read Stephen Orr's testimony from the House Judiciary hearing on ADA Restoration.

Recent press on ADA Restoration

2007-10-17T15:36:00.000-04:00

Articles:
"Disabilities law under fire, groups claim" from the New Haven Register (New Haven, CT)
"Bus on journey for disabled" from The Republican (Springfield, MA)

Letters to the Editor:

Letter from Mark McCubbin to the Burlington Free Press (Burlington, VT)
Letter from Joanne Gard to the Northwest Herald (McHenry County, IL)

Newest House co-sponsors

2007-10-14T20:19:00.000-04:00

Newest co-sponsors on H.R. 3195:

Rep. Deborah Pryce (OH-15)
Rep. John B. Larson (CT-1)
Rep. Mark Udall (CO-2)

We're up to 225... and counting!

Update on transcript availability...

2007-10-12T17:56:00.000-04:00

The House Judiciary Committee's Subcommittee on the Constitution, Civil Rights, and Civil Liberties contacted AAPD today, providing an update on when the transcript of the hearing may be available. Originally, AAPD was told that a month is a standard wait time, but today, the Subcommittee indicated that they are looking at making it available sooner, perhaps as early as next week, in consideration of deaf and hard of hearing individuals who cannot make use of the uncaptioned webcast.

As soon as we hear more or the transcript becomes available, we'll post an additional update.

ADA Restoration article in Milwaukee Journal Sentinel

2007-10-11T18:09:00.000-04:00

After Thursday's hearing, an article appeared on Thursday in the Milwaukee Journal Sentinel, highlighting some of the comments made by witnesses who provided testimony, including Cheryl Sensenbrenner, whose husband, Congressman Jim Sensenbrenner (WI-5) is an original co-sponsor of the legislation. The article also highlights comments made by the witness for the Chamber of Commerce, who continued to mischaracterize the bill as attempting to turn the ADA into the "universal employment act."

Read the article here.

Webcast of Hearing Available

2007-10-10T09:53:00.000-04:00

An archived webcast (uncaptioned) of last Thursday's hearing on ADA Restoration in the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties is available on the Judiciary Committee's website.

Hearing Overview - Who Showed Up, What Went Down!

2007-10-08T23:04:00.000-04:00

Members of the Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties who attended some or all of the hearing included:
Chairman Jerrold Nadler (NY-8)
Artur Davis (AL-7)
Debbie Wasserman Schultz (FL-20)
John Conyers, Jr. (MI-14)
Trent Franks (AZ-2)
Darrell Issa (CA-49)

Congressman Sensenbrenner, who is on the Judiciary Committee, also attended the hearing, although he is not on the Subcommittee.

Chairman Nadler opened the hearing with a powerful statement articulating the need for and his support of ADA Restoration. Nadler remarked that any Member of Congress who has made a speech about returning troops should have a special interest in helping get this law passed.

House Majority Leader, Steny Hoyer, started the witness testimony off with his testimony on the first panel.

As the first to present on the second panel of witnesses, CherylSensenbrenner, AAPD's Board Chair, powerfully delivered her testimony from her perspective as a disabled woman and as a family member of people with disabilities as the first to present on the second panel of witnesses. Stephen Orr, a pharmacist with diabetes who was fired because of his disability and then shut out of the ADA's protections by the courts, testified next and delivered a compelling account of his ordeal. Mike Collins, Executive Director of the National Council on Disability (NCD) then provided a historical account of NCD's role in the drafting of the original ADA as well as the language used to craft the ADA Restoration Act.

Next on the second panel was Lawrence Lorber, Chairman, U.S. Chamber of Commerce, Equal Employment Opportunity Subcommittee, who several times referenced the ADA as a law for only the "truly disabled" and spent his five minutes of testimony offering criticism of the legislation.

Chai Feldblum, a professor at the Georgetown University Law Center and a scholarly expert on the ADA, finished the panel with sharp rebuttals to the criticisms of ADA Restoration offered by Mr. Lorber. Questions from Members were brief and are expected to continue in written form to the witnesses in the next few days.

Congressman Artur Davis offered final remarks before Chairman Nadler adjourned the hearing, noting the "activist tendency" of the Supreme Court in telling Congress that they "got [ADA] wrong" a political question, he said, and not one for the Courts.

Newest House Co-Sponsors Bring Total to 218!

2007-10-03T18:08:00.000-04:00

The newest co-sponsors (so new they’re not yet listed on the Library of Congress site) bring the grand total of ADA Restoration co-sponsors to 218 in the House as of this morning....

218 and counting! Keep check the co-sponsors list and keep making those calls!

Sensenbrenner and Hoyer Respond to Chamber Opposition!

2007-10-03T14:53:00.000-04:00

Yesterday, Majority Leader Steny Hoyer (MD-5) [pictured left] and Congressman Jim Sensenbrenner (WI-5) [pictured right] sent a letter to the U.S. Chamber of Commerce, responding to the U.S. Chamber of Commerce's opposition to ADA Restoration, rebutting a number of the mischaracterizations and errors in the Chamber's letter to the U.S. House of Representatives, and restating their own strong support for the legislation.

Read their letter of response to the Chamber.

207 and Counting!

2007-10-02T09:00:00.000-04:00

The latest House co-sponsor list is up (see the right-side menu bar), and we're up to 207! The goal is still to get to at least 218 before the hearing on Thursday, so we can claim a majority amount of support in the House! Help us get there! Check the co-sponsor list. If your Member of Congress isn't on the list, waste no time giving him or her a call!

Hearing Scheduled in House Judiciary Committee!

2007-09-28T10:22:00.000-04:00

It's just been confirmed - the first hearing on ADA Restoration is scheduled for NEXT THURSDAY, October 4 in the House Judiciary Committee.

If you're available, please plan on packing the room to show your support! Alternately, it appears there will be a live webcast during the hearing into which you can "tune" from wherever you are, if you're unable to come in person.

Here are the details from the House Judiciary Committee's website:

Thursday 10/04/2007
10:00 AM
2141 Rayburn House Office Building
Subcommittee on the Constitution, Civil
Rights, and Civil Liberties
Hearing on H.R. 3195, the “ADA Restoration Act of
2007”

*Information about the webcast is also available on the House Judiciary Committee website.

New ADA Restoration podcast from Disability Nation

2007-09-13T14:58:00.000-04:00

DisabilityNation, an audio magazine by and for people with disabilities, recently issued a new podcast on ADA Restoration. The show discusses the proposed legislation, how this legislation will impact people with disabilities, and what the Chamber of Commerce is saying (in error) about the bill. The show features an interview with Lee Perselay, Disability Counsel for Senator Tom Harkin (D-IA), one of the sponsors of the Senate version of the ADA Restoration Act of 2007.

Download the podcast in a form most appropriate to your Internet connection and software
View a copy of the transcript of the podcast at fellow blogger Andrea Shettle's disability rights blog, "Reunify Gally"

The names of the newest co-sponsors

2007-09-13T09:54:00.000-04:00

As referenced Monday, we have new House co-sponsors. Their names have not yet been added to the official list yet but will be soon. They are:

Keith Ellison (MN-5), Baron Hill (IN-9), Joe Crowley (NY-7), Ralph Hall (TX-4), Susan Davis (CA-53), Michael Arcuri (NY-24), Lois Capps (CA-23), Adam Schiff (CA-29), Charlie Wilson (OH-6)

That brings our running total up to 196! 22 away from the magic number of 218! Let's get to 218 before October 1 - we can do it!

KEEP CALLING THOSE OFFICES!

NCD Urges Congress to Support ADA Restoration

2007-09-13T08:36:00.000-04:00

This press release just in:

NEWS RELEASE
NCD #07–542
September 13, 2007
Contact: Mark S. Quigley
202-272-2004

National Council on Disability Urges Congress to Support Americans with Disabilities Act Restoration

WASHINGTON—The National Council on Disability (NCD) today urged Congress to support legislation that will “right” the course of the Americans with Disabilities Act (ADA) and protect the civil rights of people with disabilities.

ADA restoration bills were introduced in the House (H.R. 3195) and the Senate (S.1881) on July 26, 2007. NCD proposed the original ADA legislation, and is charged with gathering information about the implementation, effectiveness, and impact of the ADA. In keeping with this requirement, NCD undertook a two-year study to analyze 19 Supreme Court cases interpreting the ADA and, in December 2004, released a comprehensive report entitled Righting the ADA.

According to NCD chairperson John R. Vaughn, “NCD’s study revealed that the majority of the Supreme Court’s rulings involving the ADA depart substantially from the core principles and objectives of the ADA, resulting in unfair outcomes that sanction, rather than remedy, even the most egregious employment discrimination against people with disabilities.”

“Countless federal court cases have followed, in which an employer refuses to hire or accommodate an individual with a disability because of the disability, but then is allowed to argue that the person does not have a disability. Rarely are the individual’s qualifications for the job evaluated, nor is the alleged discrimination examined.

The purpose of the ADA is ‘to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.’ While the provisions of the ADA addressing architectural, transportation, and communication accessibility have been implemented with notable success, the employment provisions of the ADA essentially have been rewritten by the Supreme Court, such that these provisions no longer provide the opportunities and protections expressly intended by those involved in the creation and passage of the ADA.

NCD’s two recent ADA reports, Implementation of the Americans with Disabilities Act: Challenges, Best Practices, and New Opportunities for Success
and The Impact of the Americans with Disabilities Act: Assessing the Progress Toward Achieving the Goals of the ADA both confirm that legislation is urgently needed to restore the ADA to ensure equality of opportunity, full participation, independent living, and economic self-sufficiency for all Americans with disabilities,” Vaughn concluded.

NCD is an independent federal agency and is composed of 15 members appointed by the President, by and with the advice and consent of the Senate. It provides advice to the President, Congress, and executive branch agencies to promote policies, programs, practices, and procedures that guarantee equal opportunity for all individuals with disabilities, regardless of the nature or severity of the disability, and to empower individuals with disabilities to achieve economic self-sufficiency, independent living, and inclusion and integration into all aspects of society.

For additional information, please contact Mark S. Quigley at 202-272-2004.

# # #

More Co-Sponsors....

2007-09-11T17:40:00.000-04:00

Friends on Capitol Hill are telling us the new co-sponsor count in the House is up to 195, but we don't have the new names to pass along just yet.... stay tuned and keep up those calls and letters and emails to your Representatives!! It's working - they're listening!

House Co-Sponsors Update

2007-09-05T13:13:00.001-04:00

Members of Congress are back from recess, and we have seven new co-sponsors on H.R. 3195, bringing our total up to 188 House co-sponsors! While this is evidence of your hard work over the August recess, we still have lots of work to do to get at least 20 more co-sponsors to bring us to the 218 needed for a majority vote.

Check the latest co-sponsors list (linked to in the right sidebar) to see if your Representatives have signed on. If they haven't, let's waste no time in contacting our Representatives' offices and light up the U.S. Capitol Switchboard (1-202-224-3121) and make sure they know how important their co-sponsorship of ADA Restoration is to us!

The new co-sponsors are:

Darlene Hooley (OR-5)
David E. Price (NC-4)
Jane Harman (CA-36)
Earl Pomeroy (ND)
Bart Gordon (TN-6)
Jim Saxton (NJ-3)
Joe Baca (CA-43)

Laboring for ADA Restoration

2007-09-04T16:17:00.000-04:00

So many of you responded over the Labor Day weekend to last week's action alert urging advocates to write letters to the Chamber of Commerce, and we hope it's just the awesome beginning of continuous flow of response from our community going forward.

Over the next few weeks, we'll continue to share several advocates' letters, stories, and pictures of their outreach to the Chamber, to their Members, and to anyone else they have felt needs to hear just how important ADA Restoration is to people with disabilities.

If you have a story, a letter, a picture, or anything else you'd like to share about your efforts around ADA Restoration, send them to Anne Sommers at aapdanne@earthlink.net.

LEAD ON!

Sample Letter to Chamber of Commerce

2007-08-30T17:06:00.000-04:00

Several of you have called or written, requesting a sample letter for use in responding to the Chamber of Commerce.

Below, you will find a sample letter, to which you may choose to add your personalized message. Although the sample letter is addressed to the Board of Directors of the Chamber of Commerce, we encourage you to send a letter to the Chamber’s regional office servicing your area, as well. To determine contact information for the regional office nearest you, go to: http://www.uschamber.com/about/contact/regional.htm.

We also encourage you to send copies of your letter to your Member of Congress in the House of Representatives (to determine who your Representative is, go to www.house.gov and enter your zip code in the upper left corner), so they continue to hear from advocates just how important this bill is to people with disabilities.

----------------------------------------

SAMPLE LETTER:

[YOUR NAME]
[ADDRESS]
[CITY, STATE, ZIP]

[DATE]

Paul S. Speranza, Jr.,
Chairman of the Board of Directors
U.S. Chamber of Commerce
1615 H Street, NWWashington, DC 20062-2000

Re: Letter from R. Bruce Josten, Executive Vice President, Government Affairs, U.S. Chamber of Commerce to the Members of the U.S. House of Representatives, attacking the AMERICANS WITH DISABILITIES ACT (ADA) RESTORATION ACT

Dear Mr. Speranza,

I am writing to protest the letter the U.S. Chamber sent to the U.S. House of Representatives on August 22, 2007 to indicate the Chamber’s opposition to the Americans with Disabilities Act (ADA) Restoration Act of 2007 (H.R. 3195).

In the letter, Mr. Josten writes that the ADA Restoration Act is “ …not a simple tweak of the ADA, but rather a wholesale re-writing of it.” This is untrue and a mischaracterization of the ADA Restoration Act’s bipartisan attempt to correct some narrow Supreme Court interpretations of the ADA, which is an activity that the Congress has every right and power to do. The bill, as its name suggests, is a restoration of the intent of the original ADA, which was to create an equal opportunity for all Americans, including Americans with disabilities, to work and to prohibit employers from obstructing this opportunity on the basis of fears, myths, and stereotypes surrounding disability.

[INSERT YOUR PERSONAL THOUGHTS HERE - identifying yourself as a person with a disability or as a family member or friend, as a taxpayer, as a registered voter, and state why the ADA Restoration Act is important to you, etc.]

I am very disappointed with the U.S. Chamber of Commerce and urge you to recall the letter and change your position.

Sincerely,

[YOUR NAME]

CC: [Your Member of the U.S. House of Representatives]

More Action Steps in Response to the U.S. Chamber of Commerce

2007-08-29T13:54:00.000-04:00

We're hearing back from lots of advocates all over the country who are blasting the U.S. Chamber of Commerce and the regional offices with letters of negative reaction to the Chamber's opposition of ADA Restoration - keep it up!

Remember we can use this as an opportunity to thank or to educate your Members of Congress, as well. If your Representatives have co-sponsored ADA Restoration (check the link on the right-hand column to see if they have), include a short paragraph in your letter to the Chamber mentioning his or her support and applauding his or herleadership. Then, when you send your letters to the Chamber of Commerce offices, send a courtesy copy to your Representatives, as well. Write them separately to thank them or send them a quick e-correspondence from their website thanking them. If your Member hasn't co-sponsored, write or call his or her office and urge him or her to do so.

Share your updates! If you've written letters or made calls, let us know! Send your updates to aapdanne@earthlink.net and let us know if you'd like us to share your updates with others on the blog.

Take Action: Chamber of Commerce Opposes ADA Restoration!!

2007-08-27T17:57:00.000-04:00

Take Action: Chamber of Commerce Opposes ADA Restoration!!

Last Tuesday, the U.S. Chamber of Commerce, the world's largest business federation, in a letter addressed to the Members of the U.S. House of Representatives, went on record as opposing the ADA Restoration Act of 2007 (H.R. 3195) and urging Members not to co-sponsor or show support of the bill. The Chamber's letter mischaracterizes the ADA Restoration Act as an expansion of the ADA, when in fact, it is, as its name suggests, a restoration of the original intent of Congress when passing the ADA in 1990, which was to create a level playing field for everyone who wants a job to have an equal opportunity to work. Just like other civil rights laws prohibit employers from basing decisions on characteristics like race or sex, Congress wanted the ADA to stop employers from making decisions based on disability.

However, that original, bipartisan, bicameral intent has since been distorted by the Courts through extremely narrow interpretations of the ADA. The employment rate of people with disabilities has not improved and two-thirds of people with disabilities who do not have a job indicate they would work if they could only find employment. What's more, for those fortunate enough to find jobs, Courts are deciding against people with disabilities who challenge disability discrimination 97% of the time, often before the person with a disability even has a chance to show that the employer treated them unfairly!

The Chamber argues that they "strongly support equal opportunity in employment" yet they adamantly oppose H.R. 3195 which seeks to make equal opportunities for people with disabilities possible!

TAKE ACTION!!

React directly to the Chamber regarding their opposition to ADA Restoration by writing or calling the Chamber of Commerce at:

U.S. Chamber of Commerce
1615 H Street, NW
Washington, DC 20062-2000
Main Number: 202-659-6000
Customer Service: 1-800-638-6582

Send your complaints to the regional Chamber offices, too.
To determine contact information for the regional office nearest you, go to: http://www.uschamber.com/about/contact/regional.htm

To read the letter the Chamber of Commerce sent to the U.S. House of Representatives, go to: http://www.aapd.com/News/adainthe/070827uscc.htm

Grassroots Update from Texas

2007-08-22T18:00:00.000-04:00

The following update comes from disability rights advocate Rebecca Swan of Austin, Texas:

"Sent emails to my two Senators in Texas. My rep - the awesome Lloyd Doggett is already a co-sponsor in the House. My 2 cents . . . . swan . . . ."

Great work, Rebecca!

Grassroots Update from Pennsylvania

2007-08-22T17:59:00.000-04:00

The following update comes to us from disability rights advocate and 1st Vice President of the Pennsylvania Society for the Advancement of the Deaf (PSAD) Larry Brick of Pennsylvania:

"I sent the following letters to PA Rep Chakah Fattah and PA Senator Robert Casey. While both are similar, the third paragraph to Rep Fattah is a bit different than the same paragraph to Sen Casey.
Rep Chaka Fattah:
This is in regard to the ADA Restoration Act of 2007 (H.R. 3195). I checked the list of co-sponsors and am shocked that you're not one of them. It is VERY, VERY, VERY IMPORTANT to me that you be one of the co-sponsors of the ADA Restoration Act of 2007 (H.R. 3195).
The Courts have whittled away the civil rights of people with disabilities through narrow interpretations of the ADA that have had consequences that Congress never intended when they passed the original ADA in 1990. This legislation is desperately needed by people with disabilities to fulfill the promise of the ADA and harmonize it with other civil rights laws.
I am deaf and a single issue voter. I vote only for those who support legislation that help level the playing field for people with disabilities as well as other minority groups. As a member of an oppressed minority, you, of all people, should appreciate the importance of this ADA Restoration Act to another group of oppressed minorities, People with Disabilities.
I expect you to waste no time in getting your name on that
co-sponsor list.
Senator Robert Casey:
This is in regard to the ADA Restoration Act of 2007 (S. 1881). I checked the list of co-sponsors and am shocked that you're not one of them. It is VERY, VERY, VERY IMPORTANT to me that you be one of the co-sponsors of the ADA Restoration Act of 2007 (S. 1881).
The Courts have whittled away the civil rights of people with disabilities through narrow interpretations of the ADA that have had consequences that Congress never intended when they passed the original ADA in 1990. This legislation is desperately needed by people with disabilities to fulfill the promise of the ADA and harmonize it with other civil rights laws.
I am deaf and a single issue voter. I vote only for those who support legislation that help level the playing field for people with disabilities as well as other minority groups.
I expect you to waste no time in getting your name on that co-sponsor list."

Way to go, Larry!

Grassroots Update from Portland, Oregon

2007-08-10T11:49:00.000-04:00

The following update comes from disability rights advocates Pam and Joe VanderVeer from Portland, Oregon:

"I called my district rep. David Wu's office twice last week and told assistants that we need him to become a co-sponsor of the ADA Restoration Act. The second call was [last] Friday morning, and I saw that he became a co-sponsor on [last] Friday, so I'd like to think I had something to do with it. We had several other constituents of his submit letters thru our Capwiz account last week as well. Also, the Executive Director of our local CIL, Barry Quamme, went to the NCIL event in DC last month and spoke to Wu's assistants at length about the need for him to be a co-sponsor, so I'm sure that had a lot to do with it too.

Our next task is to locate a couple of Rep. Darlene Hooley's constituents and have them call her. Then we'll start working on Senators Smith and Wyden."

Awesome work, Joe and Pam!!!

----------------------------------------------------------

Have you been making a rumble with phone calls, faxes, emails, and letters to your Representatives and Senators, urging them to become co-sponsors of the ADA Restoration Act?

Send us your updates and we'll feature it on the blog so others can see the grassroots muscle around the country going into ADA Restoration!

Send your updates to Anne Sommers at aapdanne@earthlink.net and include a digital picture if you'd like one posted!

10-minute Podcast Primer on ADA Restoration

2007-08-07T17:35:00.000-04:00

Do you have 10 minutes? Do you want a quick "primer" on the need for restoring the original intent of the ADA?

Below, you'll find links to a helpful podcast on ADA Restoration recently featured on Day in Washington that explains the original intent of Congress in passing the ADA, highlights several court cases which followed the Supreme Court decisions which narrowed the ADA, and addresses the "why now" of ADA Restoration.

Day in Washington - Podcast #5 (ADA Restoration)
(audio) (transcript - scroll to comments section)

**[The latest National Council on Disability materials regarding the progress of the ADA were also posted today (see the right hand column of the blog)]

Total Co-Sponsors before the Recess

2007-08-06T10:11:00.000-04:00

And the grand total is..... 181 cosponsors on H.R. 3195 as of the start of the Congressional recess!!! Great job for sure!!! But we cannot let up during the recess! We're still 37 shy of the 218 we'll need for a majority vote. And we shouldn't forget about the Senate during the recess either...

Later this week, I'll post the names (by state) of those Representatives who have and haven't yet co-sponsored in the House.

We should use the August recess to:

1) Thank those Members who have co-sponsored to date from your state; and

2) Make a rumble in the offices of the Members who have not yet co-sponsored from your state.

But for now, the newest co-sponsors are Reps. Abercrombie (HI), Herseth (SD), Hodes (NH), Pascrell (NJ), Peterson (MN), Reyes (TX), Wu (OR).

More photos from the press conference (07.26.07)

2007-08-03T16:12:00.000-04:00

Rep. Jerrold Nadler (D-NY), left, and Rep. Jim Sensenbrenner (R-WI), right before the press conference.

Rep. Jim Langevin (D-RI) offers remarks after the announcement of the introduction of the ADA Restoration Act in the House and Senate.

More Co-Sponsors in the House!!

2007-08-03T11:55:00.000-04:00

We're up to 174 co-sponsors in the House as of this morning! The new co-sponsors are:

Michael Castle (DE), Solomon Ortiz (TX), Jose Serrano (NY), Lloyd Doggett (TX), Gwen Moore (WI), Bruce Braley (IA), Michael Michaud (ME), Albio Sires (NJ), Chris Murphy (CT), Julia Carson (IN).

Keep up those calls!!!

Co-sponsor update - 12 more!

2007-08-01T18:30:00.000-04:00

We're up to 165 co-sponsors in less than one week's time since the introduction of the ADA Restoration Act of 2007! They are:

Ginny Brown-Waite (FL), John Olver (MA), Paul Gillmor (OH), Ed Pastor (AZ), Gene Green (TX), Stephen Lynch (MA), Russ Carnahan (MO), Dennis Kucinich (OH), Luis Gutierrez (IL), Shelley Berkley (NV), Michael Doyle (PA), Kathy Castor (FL)

New Co-Sponsors Added in the House

2007-07-31T15:15:00.000-04:00

9 new co-sponsors in the House since last week - We're up to 153!

Keep making those calls! Let's keep the pressure on for 200 by Friday! Better yet, 218 for a majority vote!

To view the complete list of co-sponsors, click here.

ACTION ALERT: Let's shoot for 200 by Friday!!!

2007-07-30T18:14:00.000-04:00

We can do it! We can get 200 co-sponsors in the House in the ADA Restoration Act of 2007 (H.R. 3195) by Friday if we pull out all the stops. Better yet, if we aim for 218, we’ll have a majority needed to pass the legislation in the House. We’re already up to 144. It’s time to call, fax, email, or show up to talk to your Representatives about co-sponsoring the Americans with Disabilities Act Restoration Act. Tell them it's time to restore the protections that Congress intended when it passed the ADA in 1990 but which the Courts have slowly stripped away in narrow interpretations of the law.

Your work last week resulted in the introduction of the ADA Restoration Act of 2007 as bipartisan bills in both the House and the Senate, with 144 original co-sponsors!! But we can't rest now! It's time to let Congress hear our loud and proud disability rights roar once again! We can get 200 by Friday!!!

In the wake of the 17th Anniversary of the ADA, let’s make this a week of disability history – the week that we secured 200 co-sponsors for disability legislation in just one week since its introduction!

WHEN: This week, before the August recess!!

WHO: U.S. House of Representatives - All those who have not already co-sponsored the ADA Restoration Act of 2007 (for a complete listing of those who have co-sponsored in the House, click here)

To identify your Representatives, go to: http://www.house.gov/ and enter your zip code into the top left corner, or click here to view Representatives by state.

WHAT: Call your Representative at 202-224-3121 and tell to co-sponsor the ADA Restoration Act of 2007. Tell them it’s time that the promise of the ADA be restored and be harmonized with other civil rights laws.

Model Script:

"Hi. My name is_______ and I live in ________. I need Representative______ to cosponsor the ADA Restoration Act of 2007. Seventeen years ago, the ADA was passed with overwhelming bipartisan support, yet people with disabilities are still being treated unfairly. People with disabilities are in a no-win situation. Employers can say that I am "too disabled" to perform my job, but "not disabled enough" to be protected by the ADA. This is wrong! Restore the ADA and restore my rights Please cosponsor HR _____."

Source: AAPD