Rights for the Disabled
Congress approves landmark protections for disabled workers.
Monday, September 22, 2008; A14
IT WENT largely unnoticed in a week of economic upheaval, but Congress approved one of the more momentous pieces of civil rights legislation in recent years. The bill, passed overwhelmingly in the House and by unanimous consent in the Senate, will significantly broaden protections for the disabled. It instructs the Supreme Court to act "in favor of broad coverage," a distinction that should make it easier for disabled workers to claim discrimination. By explicitly arguing for a less constrictive interpretation, lawmakers sought to restore the intent of the original Americans With Disabilities Act of 1990; the Supreme Court has imposed a consistently narrow interpretation of the ADA. President Bush has said that he will sign the bill into law despite previous concerns that the legislation would spur excess litigation.
The legislation is the result of two years of remarkable cooperation between business groups and disability rights organizations. The compromise strikes a balance as it guarantees rights for workers with "actual or perceived impairments." For example, airlines can no longer discriminate against prospective pilots if the applicants employ "mitigating measures," such as corrective eyewear. At the same time, the bill limits unwarranted claims by requiring that workers prove they have a disability that "would substantially limit a major life activity when active." The bill will also provide protection, for the first time, to workers with serious ailments such as diabetes, epilepsy and cancer.
Business and disability groups are pleased with the final version of the bill and said that collaborating on the legislation should reduce the number of lawsuits over its implementation. The direct language of the bill, and the laudable cooperation that forged it, should also improve employment levels for the disabled. Two out of three people with significant disabilities are unemployed, a disturbing statistic that disability organizations say is unchanged from when the original ADA became law. This time, Congress's intent is clear, and we hope the courts follow it.
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37 comments:
I am glad that there will now be better legislation on an already in place law. One of my aunts who has a disability was almost terminated from her job because of it. She decided to speak to a lawyer and because of the laws that protect her she was not fired. Instead they found a job within that suited her better. Therefore I am glad that there is legislation to help her and others. And also that new laws come about to further help.
Diana b.
This is great for anyone with the kinds of disabilities that have been deemed non-disabilities by the Supreme Court in the past. I wonder about the requirement to "prove they have a disability that 'would substantially limit a major life activity when active.'" What is a "major life activity" and what does "prove" entail?
Margaret T.
This clarifies the original statement about the Harkin-Hatch amendment. The Supreme Court had watered down the original ADA by stating that a disability that could be mitigated somewhat was not covered under the act. This left people in the position of being too disabled to work, but not disabled enough to get the protection of the law - defeating the purposes of the act for a lot of people. The Supreme Court said disabilities that could be mitigated were shared by more than 100 million people. Since findings listed in the original act stated that only 50 million Americans had disabilities (refering to those with ID, heart problems, blindness, deafness, and the other most common disabilities), Congress could not have meant such an expansive interpretation of "disabled." This amendment shows that is exactly what Congress intends. The limit on the meaning of disability is an "impairment of a major life activity." One assumes that this phrase is put in to exclude "minor" impairments, the definition of which will surely be made by future litigation.
The use of the terms "real or perceived" is huge in my estimation. I think it means what is perceived by the employer rather than the PWD. Often discrimination occurs based upon prejudices of the employer. The employer stereotypes the applicant for a job based upon incorrect perceptions of disability. The inclusion of these words should broaden the ability to sue and to win lawsuits.
The original Civil Rights act of 1964 revolutionized employment law in the interpretation of Title VII, protecting people based upon discrimination according to race, color, religion, or national original. The clarification of the ADA has the potential to have as similar impact for people with disabilities. President Bush is correct to be wary of this new law. It will not help his buddies in the business world.
DavidW
This is awsome for people everywhere in so many levels. One it puts a perspective on the view of the people with disabilities. Second it gives everyone, even someone with a disability just as much right to do what others are able to accomplish in the work area. Last but not least, it acknowleges the people with disabilities as a person and not as a person with a physical or mental limitation but as you or me. It will raise the bar so many levels in the work environment that it will be a more competative level of nature for everyone as equals.
This is awsome for people everywhere in so many levels. One it puts a perspective on the view of the people with disabilities. Second it gives everyone, even someone with a disability just as much right to do what others are able to accomplish in the work area. Last but not least, it acknowleges the people with disabilities as a person and not as a person with a physical or mental limitation but as you or me. It will raise the bar so many levels in the work environment that it will be a more competative level of nature for everyone as equals. Now you, him, her, and everyone else are considered equals in every aspect of life.
Arturo D
So Congress has approved one of the more momentous pieces of civil rights legislatin in recent years, and... Should I be jumping up and down with joy? I am still waiting for my fellow bloggers/students to ask me how I vote! It matters little how many pieces of legislation our country passes, if society is still unwilling to consider people with disabilities their equals. I have been sitting in lecture afte lecture wondering what is the motivation of the students in the program. I have met a couple (2)students that I genuinely feel are interested in learning about what our lives are about and helping us improve the poor employment rate. The book we are having to read in Dr. Marini's class addresses anger. I am ANGRY! I generally feel that people continue to be uncomfortable with disabilities and that little change will come of this new legislation. Perhaps I am jaded, but I am tired of keeping my mouth shut. I know what I have had to do to get where I am at,and where am I? Not where I want to be and ask me why? I'm blunt and I appreciate bluntness. Don't be afraid, I won't bite and neither will most individuals with disabilities. Perhaps they may bite if they are royaly frustrated.
Rosie G
I believe that everyone has the same rights and this bill will give people with disabilities a chance to demand their rights. People with disabilities can work in a place if given assistive technology.
This is awesome!!! this is great that they are trying to pass more rights for the disabled. This will help plenty of people and will create more job opening for the disabled since employers can not discriminate.
Ediel B
I think it is wonderful that Congress approved this bill. The bill, which was intended to restore the objective of the Americans with Disabilities Act (ADA), will definitely improve employment levels among individuals with disabilities and reduce the number of lawsuits businesses face over discrimination grievances. I also think it is great that business groups and disability rights organizations worked hand-in-hand in order to pass this significant piece of legislation since each group could give insight to each other regarding employment aspects of people with disabilities.
The article mentions a disconcerting statistic that I was not aware of. Namely, the fact that 2/3 of individuals with significant disabilities are unemployed. Hopefully, with this newly approved bill’s direct language, unemployment rates among individuals with significant disabilities will begin and continue to decline.
Matthew V.
Its awesome that this law is finally legal in US. I've seen a lot of discrimination with people with disabilities at works. There are many people that dont like to work with people with disabilities, and they prefer to ignore the person, and hire a person who doesnt have any disability. I'm glad the Laws are protecting people with disabilities in all senses.
Claudia P.
RosieG, you make a very good point! I agree I also think people are not clear on how to bring certain issue up with a person that has a disablility. I believe you are one of few that are as open and blunt as you say. Just in class yesterday we were going over the exam and how we are not to ask about a person's disability. I am the type that would ask, respectfully of course and now I am told not to. Now I question myself, did I offend anyone? But I do recall in the past people showing relief that someone cared enough to ask.
So I ask you Rosie, how will you vote? I will make sure and ask you in person also.
Marilync
This was a great movement towards disability. ADA has been modified and expanded, and know people with disability have the same right to work in any job, as it would have been for you and me. The only worry with this is ,how they classified the disabilities and what ""would substantially limit a major life activity when active." Similar disabilities can have different impacts in people. So how, and what requirements will be needed to prove a" substantially limit a major life activity when active?"
Laura S.
It is a relief to see our government taking a greater interest in the rights for people with disabilities in reference to employment. The fact that they are trying to restore critical intent of the ADA legislation, shows a greater step towards giving people with disabilities the vocational rights they deserve. I like how this legislation also includes people with epilepsy, cancer, and diabetes since all the treatments, medications, and barriers that sometimes come with these illnesses are often overlooked. As we have learned, 1 in 5 americans has some type of disability and 1 in 10 has a severe disability, and to see that only two out of three people with a significant disability are employed is disturbing statistic as the article said. Hopefully with this new legislation we will see people with disabilities gaining employment and I think we will. It is a time for change and I think that this legislation will bring on new improvements in the workforce for people with disabilities.
Laura E.
There is without doubt great news for people with all sorts of Disability now that Congress has passed Landmark Protections for Individuals with Disabilities. One major thing I can’t help but notice is the title to this article and the subtitle. It is great to hear that Congress has improved the Rights and Protection for people with various Disabilities. I would imagine the author covering this story would be more aware of the use of Person First Language. With all the greatness of added Rights and Protection the use of wording in this article still stigmatizes the group it is commending, for its achievements through long needed progressions in Congress. It depicts the Disability Community as forever “Victims” though its wording. Other than the obvious, the new Protections include people with Diabetes, Epilepsy, and Cancer. This will allow those Individuals to file their claims to Disability and be covered under the same Act as do other Individuals with Disabilities. This will help broaden the range to which people can be eligible for Social Security Disability Insurance and the Services that come with it. Juan N. 8 of 12
This could not have come at a better time for a dear friend of mine. She was just diagnosed with breast cancer - Stage 3. She's had many sleepless nights thinking how her husband is going to be able to sustain the household finances, plus additional ones now due to her not being able to work. I emailed her the link...she is going to keep me informed as to how effective this bill is going to be - well, in her situation anyway. Norfy G.
Although progress is seemingly slow in getting businesses, hospitals, our educational system and our general public educated about people with disabilities, it is important that the laws against discrimination of people with disabilities are intact. Now it is just a matter of enforcing those laws. Since people with disabilities are the largest minority group in America, it is important for them to unite to educate the ignorant and hold businesses, hospitals, etc. accountable for any discriminatory behaviors. I am glad to see that the bill provides protection for workers that have diabetes, epilepsy and cancer. All disabilities should be covered not just selected ones. Just because a law is passed doesn’t mean it will be implemented or ameliorate discrimination. This is where people with disabilities need to unite and make their voice heard to enforce the laws and those that persist in their prejudices will suffer the consequences. We will soon see if employment will improve for those with disabilities as a result of this new legislation.
Blog 7 Diana F.
I am glad that President Bush is doing something for people with disabilities. He has not done too much for anyone. Well, perhaps we also need to look at the ADA it really needs to be updated. They need to include more coverage in a lot more areas. I am glad that the bill will cover workers with serious ailments such as diabetes, epilepsy, and cancer. Another positive part is that this bill should put more people with disabilities in the work force which should be a boost to our economy. Angie K.
Marilyn, thanks for reading and actually thinking about what I had to say. I understand that it can be confusing to figure out what to do. I personally don't mind people asking me questions about my visual impairment. People see me walking around and incorrectly assume I see alot more than I do. I have had a lifetime of practice adjusting to different situations. This is obviously a double edge sword for me, but when I do get asked, I see it as an opportunity to educate. I do not have an acquired disability, it is congenital and that may be why I don't mind people asking. As far as what I have to do to vote, it means I don't get to cast a secret ballot. I inform the people at the polling station that I am visually impaired and need someone to cast my vote, I also let them know that I expect a witness to verify that the person has entered the information correctly. I have never had any problems. Probably because I am assertive, scare the crap out of most people and I let them know what I expect. Thanks for responding and taking the time to ask.
Rosie G
I strongly agree that this is a step in the right direction. I recently had a consumer that called me to let me know that she felt so dicriminated agaist by a person at the housing authority and in the edge of giving up. I also have other consumers that want to work but are afraid of losing there benefits, they just need to be educated in how much they are allowed to work and earn. There are many individual that are going to benefit much for this bill.
Jenny G.
I am very happy that the legislation ADA, which became a law more by chance, is now getting the broader approval of both the legislators as well as by the business community. This shows that people as a whole, now willing to accommodate/accept people with disability in actual/practical way of life. It seems that they want to give people with disability a fair chance to prove their worth/productivity in the society, with honor and grace.
This is very encouraging the both members of the society are ready for this event. I have no doubt the judiciary will also see the will of the people and protect the rights of the people with disability. I do expect from people with disability to respond in a positive way to this call and act responsibly. They should not exaggerate their disability, instead they should act in more competitive manner and come and join the main stream of the country.
-Vinod P.
I am very impressed by Congress because they are paying attention and working out a strategy to help disabled workers claim discrimination. Congress is taking another step to ensure that the 1990 ADA is enforced. I feel glad because having approved this piece of legislation will increase the number of disabled people entering the workplace due to the comfort of being protected. The requirement of proving a disability should help decrease fraud and protects employers from being sued. I am pleased to know that President Bush is taking this step. It is wonderful to know that for the first time ever persons with diabetes, cancer, and epilepsy will also be covered by this bill. The population particularly Hispanics is booming with diabetes. Finally the continuous interaction between business groups and disability rights organizations is crucial in order to increase persons with disabilities being part of the world of work and contributing to society.
-Elizabeth H.
Im glad that after so many years people with disabilities are finally getting the protection that they deserve. Finally the discrimination against them will have to face a a new barrier wich i doubt it will ever find a way around in and get past it.
Omar O.
It is interesting to note thet he bill passed overwhelimingly in the house and unanimously in the senate. The need for an amendment of ADA has been there. This bill brings balance for worker's rights either with actual or perceived impairments. It is good that workers with serious illnesses such as diabetes and cancer will be covered. Overall good news. Paty C.
It's good to have these kinds of laws passed. Persons with disabilities need these laws, and government tends to put them aside for other reasons. This will help out everyone who has a disablility.
Alma D.
If is only fair for legislation to pass a law making it simple or at least realistic for someone with a disability to be able to demand equallity and report discrimination. This would happen alot in the past in the work place and school. But now it should remain like this if not better.
Diana Bernal
This legislation is an insturction to the US Supreme Court to "act in favor of broad coverage" when ruling on workers who are claiming discrimintation. This legislation will most likly be challenged through the courts with the intent of a case being heard in the U.S Supreme Court. Until that happens this legislation does not have a lot of teeth in it. It does include protection aginst discrimination for workers who have diabetes, epilepsy and cancer. Clearly this legislation has the intent to further strengthen the provisions of the ADA and how it is interpreted in the judicial system.
Russell a 9 of12
It’s motivating to know that Congress is making an effort to broaden opportunities for the disabled. That people that fight for the rights of others with disabilities towards moving forward and making a difference. Business groups and disability rights organizations collaborated for two years, however many others have fought many more years to get results. It seems that our new president will try to make a difference for many people in need including the ones with disabilities. Employment is a big issue with our economy at this point. Unemployment is high, with this new legislation, there is more opportunities and rights for all types of people, whether they have an impairment or not. It is great to know that by the passing of this legislation there may be less lawsuits and more equal opportunity for employment. People have been fighting for equal opportunity for years.
janneth a
It is incredible to think that in a country as advanced as ours we would see legislation of such importance as this, take so long to be passed. There are many people with disabilities that are anxious to work and take there rightful place as productive citizens, but they are held back because of the fear and ignorance of others. I was not aware though it does not surprise me that two thirds of people with disabilities are unemployed. While some may consider it a burden to provide assistance to individuals with diabilities they should consider that many of these people would prefer to help themselves.
I agree with RosieG that too many people are reluctant to ask individuals with disabilities about their situations for FEAR of offending and yet they offend with their silence.
While the laws are slowly changing, attitudes are even slower to change. It is important that those of us that are being educated in the area of rehabilative services speakout and inform the public as to the rights of people with disabilities. Very often those of us with diabilities will not speak out for ourselves because to do so could bring about attention that may appear to others that we are expecting special treatment. Some people see me as a very strong person because I have worked hard to get where I am and to not be considered "crippled". Now that I am needing assistance due to pain and weakness of muscles and joints, I am hesitant to ask for accommodations because I fear that I could lose my job if I cannot keep the pace that my colleagues and supervisors are used to seeing.
While legislation is available, I wonder if it will be worth my time and effort. Perhaps there are other people like myself that while they are grateful for the legislation which has been passed are reluctant to make use of it on their own behalf. My hope is as I strive to help others, perhaps I will gain the information to help myself as well.
Sylvia S.
I can’t believe that this more momentous piece of civil rights legislation in recent years went largely unnoticed? It has been due time that the original Americans With Disabilities Act of 1990 is getting some correct interpretation and able to help more individuals than in the past. It is great to see that business groups and disability organizations worked together for the past two years, but it makes me wonder what did it take and how much work did these organizations put in to get this done. I am unsure of the compromise striking a balance for workers with “actual or perceived impairments?” TO my knowledge I believe that actual can be proven, but the perceived part, perceived to whom or by whom? I am surprised that the bill will also provide protection, for the first time, to workers with serious ailments such as diabetes, epilepsy and cancer. This should cover a lot more individuals. Hopefully it can help to change the unemployment rates individuals with significant disabilities.
James D.
I would say… it is about time. I am so excited to hear that every year that goes by it gets better and better for persons with a disability. Even though it is depressing to know that it take too much time for these laws to go into effect or to even come up with other laws that would help persons with disabilities. I think it is cool about the example it gave about the prospective pilots and how they will no longer be discriminated. I hope this law was passed to help people with disabilities and not only to reduce the number of lawsuits, which is also a good thing. Some people with disability like to take advantage of their disability and will file a lawsuit just to get money. I also hope this law helps with the low unemployment rate of persons with disabilities.
Crystal S.
8 of 12
To see Bush do something for the people with disabilities is great and well a change actually. He really doesn’t do anything for those who have disabilities let alone any minority group. He is self centered but that is another topic. To see that the legislation will finally take effect is great. I know it has taken a while to be taken out; however, it at least was not just forgotten about. Now in agreement with Crystal I hope this law was not only passed to eliminate the amount of lawsuits but also to help those with disabilities. She has a point although it is good to eliminate them they do need to remember what the situation at hand really is. Including, the job opportunities I hope this is increased as well because it would be great for our economy. We all know we need that.
-anisa c.
It is good to hear that this bill passed by an overwhelming vote in both the House and by in the Senate. It is great that people with disabilities will finally have the protection that they deserve. This bill will make it so much easier for people with disabilities to file discrimination. By trying to restore the intent of the original Americans with Disabilities Act of 1990, they have almost forced the Supreme Court to acknowledge that the discrimination needs to stop. For so many years, companies and employers have gotten away with discriminating against people with disabilities. Hopefully, this bill will be able to change some of that. Celena M
Upon passage of this legislation it provides both positive and negative aspects. Therefore, I feel that the two years it took this legislation to be considered was necessary. The most negative aspect that could arise with this legislation is that many more places are at a risk of excess litigation; for the reason that, a narrow interpretation could now be offered for disabled workers who claim discrimination. Some positive aspects is jobs could no longer discriminate upon “mitigating measures”, imply workers to prove they have a disability, and provides protection to employees with disabilities. Therefore, this legislation provides more positive aspect than negative ones. I personally feel this legislation is going to make a huge impact and serve as an important passage of legislation throughout the years to come.
Caleb B.
Anything that will better the welfare of people with disabilities is gladly welcome. I'm very glad that they are coming up with new ideas to better the passed laws concerning people with disabilities.
Karen L.
This is grreat news! Im glad that this was paased. It gives PWD more oppurtunities to obtain jobs and it is wonderfull that they have included othe PWD such as cancer and epilepsy. Hopefully now the unemployment rate will go dowm.
Alex s
I am glad that more bills are passing in favor of people with disabilities, mostly, because they have the right to do whatever they want ot try, because there is certainly discrimination against people with disabilities, mostly when is about jobs. I think that this would give more power to people with disabilities to try different things and persuade those things that they want and have a independent life.
I am glad that more bills are passing in favor of people with disabilities, mostly, because they have the right to do whatever they want ot try, because there is certainly discrimination against people with disabilities, mostly when is about jobs. I think that this would give more power to people with disabilities to try different things and persuade those things that they want and have a independent life.
Emma C.
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