It's Not About Disability - It's About Discrimination

[Traveling_Home]

Bipartisan Legislation Introduced to Restore ADA Protections

U.S. House of Representatives
Committee on the Judiciary
F. James Sensenbrenner, Jr., Chairman

News Advisory
September 29, 2006
http://judiciary.house.gov/media/pdfs/ADAbillintro92906.pdf

Contacts: Jeff Lungren/Terry Shawn
(Sensenbrenner, [phone])

Stacey Farnen Bernards
(Hoyer, [phone])

Sensenbrenner/Hoyer Introduce Bipartisan Legislation
Restoring Americans with Disabilities Act Protections

WASHINGTON, D.C. - House Judiciary Committee Chairman F. James
Sensenbrenner, Jr. (R-WI) and House Minority Whip Steny H. Hoyer
(D-MD) today introduced bipartisan legislation that would restore
protections for disabled Americans under the Americans with
Disabilities Act of 1990 (ADA). H.R. 6258 is titled the
"Americans with Disabilities Act Restoration Act of 2006."

Chairman Sensenbrenner stated, "The landmark American with
Disabilities Act has helped ensure American citizens no longer
live in isolation but live as independent, self sufficient
members of our communities. In recent years, however, the Supreme
Court has slowly chipped away at the broad protections of the ADA
and has created a new set of barriers for disabled Americans.
This bipartisan legislation will 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' will be
properly restored and the ADA can rightfully reclaim its place
among our Nation's civil rights laws."

Congressman Hoyer said: "As the lead Democratic sponsor of the
ADA in the House, I harbored no illusions that this legislation
would topple centuries of prejudice overnight - nor that we could
legislate that prejudice out of existence. Over the last 16
years, this landmark law has ushered in significant change.
However, the promise of the ADA remains unfulfilled. The Supreme
Court's interpretations of this historic law have been largely
inconsistent with the original intent of Congress and President
George H.W. Bush in enacting the ADA. For example, people with
diabetes, heart conditions and cancer have had their ADA claims
kicked out of court because, with improvements in medication,
they are considered 'too functional' to be considered 'disabled.'
This is not what Congress intended when it passed the ADA. We
intended the law to be broadly - not narrowly - interpreted. The
point of the law is not disability; the point is discrimination.
I am pleased to join Chairman Sensenbrenner in introducing this
legislation, which will help restore the original intent of the
ADA."

"Americans with Disabilities Act Restoration Act" Background:
Replacing "against an individual with a disability" with "on the
basis of a disability" harmonizes the ADA with the Civil Rights
Act of 1964 and other civil rights laws that prohibit
discrimination "on the basis of race, color, religion, national
origin, and sex."

Prohibiting discrimination "on the basis of a disability" will
enable individuals utilizing the ADA to focus on the
discrimination that they have experienced rather than having to
prove that they fall within the intended scope of the ADA. This
phrase presumes that an individual is a member of the protected
class if they are disabled, which the current language - "against
an individual with a disability" - does not.

______________________________________________________________

For more ADA in the news issues, see:
http://www.aapd.com/News/adainthe/indexada.php

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[proud2BlibKansan]

1. Sensenbrenner??

Who'd a thunk it?

[ThomCat]

2. Awesome! I hope this passes!

:woohoo: