Sep 12, 2008
Yesterday afternoon the US Senate passed, by unanimous consent, S. 3406 The ADA Amendments Act of 2008 also known as the ADA Restoration Act. This act overturns Supreme Court decisions that narrowed the definition of disability under the ADA causing many people with disabilities to lose the protections that Congress originally intended.
The amendments declare that the term "disability" is intended to be construed broadly. Moreover, the bill prohibits considering mitigating measures when determining whether an impairment substantially limits an individual's major life activities. For example, a person with epilepsy is a person with a disability even though their seizures only occur periodically or are generally controlled by medication.
The bill must now go back to the House of Representatives where it is expected to pass and then be sent President to sign. House Majority Leader Steny Hoyer said at a press conference today, September 15th, that he hopes to bring the bill for full House consideration Wednesday of next week, so it may be signed into law by the end of that week.