Revamped Disabilities Rights Bill on Fast Track

[Guest guest]

Revamped Disabilities Rights Bill on Fast Track

by ph Shapiro

http://www.npr.org/templates/story/story.php?storyId=91625706

Morning Edition, June 18, 2008 · 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.

So for several years, advocates for people with disabilities have

talked about rewriting the civil rights law — even at the risk of

giving opponents a chance to weaken it further.

Last year, a version of a bill quickly got support from more than

half of the House of Representatives. That forced the business

community to negotiate.

Business advocates say employers want to hire qualified workers with

disabilities. And businesses benefit when the law is clearly defined.

The disability side gave up parts of its original proposal and agreed

to a definition of disability that's a little narrower than some

disabled people wanted.

But the result is that two House committees are taking up the ADA

Restoration Act. The bill's backers hope to give President Bush

something he can sign by the end of July.

A Timeline of Disabilities Legislation:

1973 Congress passes Rehabilitation Act, barring discrimination on

the basis of disability by federal agencies or employers who get

federal funding.

1988 Congress establishes National Council on Disability to advise on

all disability issues. NCD writes first draft of Americans with

Disabilities Act (ADA).

1990 H.W. Bush signs the ADA. It defines disability as:

A physical or mental impairment that substantially limits one or more

major life activities

A record of such an impairment

Being regarded as having such an impairment

1999 Sutton v. United Airlines: Supreme Court rules that ADA does not

protect visually impaired pilots since glasses and contact lenses

are " mitigating measures " that remove the pilots from the category of

disabled.

1999 v. UPS: Supreme Court holds that because a truck driver's

high blood pressure can be controlled by medication, it does not

qualify for protection under ADA.

2002 Toyota v. : Supreme Court rules that auto assembly line

worker's carpal tunnel syndrome does not warrant accommodation by

employers under ADA, affirming that to qualify under the ADA, a

disability must " substantially limit major life activities. "

2004 NCD issues report saying Supreme Court decisions limit original

intent of ADA. Includes draft bill of ADA Restoration Act.

2007 A majority of House representatives back the ADA Restoration Act.

2008 Business and disability communities hammer out a version of the

bill that both groups endorse.