House votes to expand disabilities law

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Jun 25, 2008

House votes to expand disabilities law

By JESSE J. HOLLAND

AP Labor Writer

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WASHINGTON (AP) -- People who take medicine to control epilepsy,

diabetes or cancer or use prosthetic limbs or hearing aids could use

the Americans With Disabilities Act to fight workplace discrimination

under legislation the House passed Wednesday.

Lawmakers said the Supreme Court has limited the ADA's reach since it

was signed into law by the first President Bush in 1990. " For some

the ADA is failing to live up to its promise, " said Rep.

" Buck " McKeon, R-Calif., top Republican on the House Education

and Labor Committee.

The bill, passed 402-17, is designed to bring people back under the

ADA's protection. It now goes to the Senate for consideration.

The ADA is probably best known for requiring wheelchair ramps at many

public buildings. But it also bans discrimination against the

disabled on the job and elsewhere, and obligates employers to make

accommodations for disabled workers.

But since 1999, the Supreme Court generally has exempted from the

law's protection people with partial physical disabilities as well as

people with physical impairments that can be treated with medication

or devices such as hearing aids.

" Now what kind of person on the Supreme Court of the United States

has some difficulty understanding that if you have to use a hearing

aid, that does not lessen the nature of the disability? " said Rep.

Conyers, D-Mich., chairman of the House Judiciary Committee.

As a result, people with epilepsy, diabetes, cancer, cerebral palsy,

and developmental disabilities are in a situation where they would be

considered disabled if they did not take medication, but might not

qualify for ADA protection if they did, said Rep. Betty Sutton, D-

Ohio.

" This is completely at odds with the original intent of Congress and

the original focus of the ADA, " she said.

Lawmakers also modified the ADA to describe a disability as any

physical or mental impairment that " materially restricts " a major

life activity as a disability. The current wording is " substantially

limit, " a classification the court said limited the law's scope.

" Today's bill makes it clear that Congress intended the ADA's

coverage to be broad and to cover anyone who faces unfair

discrimination because of a disability, " said Rep.

Sensenbrenner, R-Wis.

With this bill, the Supreme Court would not have to guess who

Congress intended the ADA to cover, said Rep. Roy Blunt of Missouri,

the second-ranking Republican.

The White House said it supports the legislation, even though it

wants some changes. The Bush administration is working to update ADA

regulations and this month proposed an overhaul of public access

rules.

The bill has the support of business groups such as the U.S. Chamber

of Commerce, which said the proposal " represents a balanced approach

to ensure appropriate coverage. "