FOR IMMEDIATE RELEASE
Thursday, September 11, 2008
Contact: Jennifer Mullin (Harkin) 202-224-3254
Mark Eddington (Hatch) 202-224-5251
HARKIN, HATCH MEASURE FULFILLING PROMISE OF AMERICANS WITH DISABILITIES ACT PASSES SENATE UNANIMOUSLY
Legislation responds to Supreme Court decisions that narrowed the definition of disability
WASHINGTON, D.C. - Senators Tom Harkin (D-IA) and Orrin Hatch (R-UT) today announced that the Senate had approved by unanimous consent a bill that would clarify the law's intent and ensure that all Americans with disabilities are protected from discrimination. The bill will need to be acted upon by the House of Representatives before being sent to the President's desk.
The Senate bill is similar to bipartisan legislation introduced in the House by Majority Leader Steny Hoyer and Congressman Jim Sensenbrenner that passed by a 402-17 margin this summer.
Considered to be one of the landmark civil rights laws of the 20th century, the ADA was designed to protect any individual who is discriminated against on the basis of disability. The law was passed with overwhelming bipartisan support and was signed into law by President George H.W. Bush.
Since the ADA became law, a series of court decisions have narrowed the category of who qualifies as an "individual with a disability," contrary to Congressional intent. By raising the threshold for an impairment to qualify as a disability, these court decisions have deprived individuals of the discrimination protections Congress intended to provide.
The ADA Amendments Act would remedy this problem and restore workplace protections to every American with a disability. The bill leaves the ADA's familiar disability definition intact, but takes several specific steps to direct courts toward a more generous meaning and application of the definition. The legislation would make it easier for people with disabilities to be covered by the ADA because it effectively expands the definition of disability to include many more major life activities, as well as a new category of major bodily functions.
"With today’s vote, we have restored the promise of the ADA which was signed into law 18 years ago," said Harkin, the chief author of the original ADA. "The protections afforded under this historic law have been eroded and the result is that people with serious conditions like epilepsy or diabetes could be forced to choose between treating their conditions and forfeiting their protections under the law. That is not what Congress intended when we passed the law, and this bill is the right fix."
"This is a historic day," said Hatch. "This bill continues our ongoing effort to expand opportunities for individuals with disabilities to participate in the American Dream. Passage of the ADA Amendments Act ensures that the Americans with Disabilities Act will continue to help change lives. I'm proud to have worked with my good friend Tom Harkin in crafting this monumental bill that enjoys such strong bipartisan support."
The ADA Amendments Act enjoys strong support by advocacy groups, including most national disability organizations, 23 major veterans organizations, the U.S. Chamber of Commerce, the National Association of Manufacturers, the Society for Human Resource Management, and the Human Resources Policy Association.
15 comments:
The Harkin Hatch amendment is truly bipartisan. 31 Democrats and 26 Republicans co-sponsored it. Senators Obama and McCain support it. It was passed unanimously by the Senate. It is backed by business, labor and advocacy groups. The question is, what does it actually mean?
The original legislation provides a definition of a "person with a disability." Over the years Courts have narrowed the definition of this term, to become something less than what the legislators who originally wrote the law intended. Senator Hatch should know what Congress meant, since he was one of the original creators of the law.
According to web sites, the Harkin Hatch amendment instructs courts that their definition of "person with a disability" is wrong. The amendment defines disability to include restriction on major life activities.
Commentaries on this amendment say that the narrow definition deprived people claiming the protection of the law in that in order to obtain protection they would have to decline treatment for their disabling condition. One commentary mentions a person with diabetes having to turn down insulin. Perhaps this also includes a person with schizophrenia having to refuse their medication. Both instances would require getting sicker (and perhaps being unable to benefit from the protections accorded by the law) in order to try to get its protection!
The Senate version of this amendment has some differences with a similar bill passed by the House of Representatives. It seems likely those differences can be worked out quickly, and that the President will sign the bill. We do not know yet what the Supreme Court would do. It has a precarious balance of liberals and conservatives. The election of one candidate in 2008 could well tip the balance in favor of business interests, and threaten legislation giving protection to persons with disabilities.
David W
Its very interesting how every day law are understanding more that people with disabilities need rights,and need to be respected by everyone, and its approved by both parties. It's good not to have discrimination against anybody by color, sex,race, or any disability. We are all equal, although many people dont like that it is like this. With new laws that protect people with disabilities discrimination has to disappear bc it could be a problem if an amendment is not being respected like any other one.
Claudia P.
David states "the election of one candidate in 2008 could well tip the balance in favor of business interests, and threaten legislation giving protection to persons with disabilities". To which candidate would David be making reference? Is it the candidate that has a VP running mate that insensitively asks a state sentator to stand up when the senator is in a wheel chair, or the candidate that runs adds against the opponent due to not using email when the opponents war injuries do not allow use of extensive key bording? Or is it the the candidate of the party whose president signed the original legislation? russell a
Russell raises good questions in remark to David's comments. Either way you look at it peole with disabilities are going to continue fighting for their rights.
Marilync
Indeed this is a historic day for all of us, with the passing of this bill it will definitely expand the opportunities for more individuals with disabilities to participate in the American Dream. I have two brothers whom are restricted from living a normal life, they both have severe back problems, and one gets around with a motorized wheelchair. I see how difficult it is for him to get in and around trying to do his daily life routines, but I realize it would be even worse if he didn't have the aid that he does. so thank God for all these programs available to people with disabilities.
Teresa E.
The Harkin Hatch amendment was absolutely necessary, for many individuals with significant disabilities were not being threated fairly. These was happening because some people believe that individuals who experience a disability are a "burden" and in order to reduce the supposed "burden" the definition of disability was being narrowed.
For this reason I believe the Harkin Hatch amendment will have an impact. However, this amendment will not end with the discrimination because it is something that has existed always and unfortunately government cannot change the way people think. Yet this is an important amendment and the americans with disabilities and their supporters should continue fighting for rights for individuals who experience disabilities.
Mariam G.
The Harkin/Hatch Amendments update the courts as how to define a “person with disability” to include other disabilities that restrict major life activities. The Americans with Disabilities Act was too narrowly defined by the courts and needed to be updated by amending the legislation to include other disabilities that limit key life activities. This new legislation would expand the definition of disability to include a new category that affects major bodily functions, such as, persons with Diabetes and person with Schizophrenia. In regards to the Americans with Disabilities Act, as mentioned by David in some instances would require that an individual get sicker in order to get protection under the law. This clearly shows how many individuals with significant disabilities were not treated fairly in respects to how the law was intended to work and help those individuals with significant disabilities. Juan N. 5 of 12
I think that the law has come a long way since the early 1900’s. People never thought that people with disabilities were ever going to contribute anything to society. We know that that is not true. Knowing that the ADA is looked at every year and making amendments to it, helps keep up with the growing populations of people with disabilities. We have the baby boomers that are not ready to retire because they do not feel like they want to be at home. The ADA Amendment Act could restore workplace protections. I like what Hatch said, “This bill continues our ongoing effort to expand opportunities for individuals with disabilities to participate in the American Dream.” Angie K.
Okay, this amendment is passed to better clarify who is covered under labor law discrimination under the ADA and I assume Title 2 laws. But by giving the ADA a more concrete definition, wouldn't that limit instead of allow more people t be covered by who have disabilities? Wasn't that the reason the ADA was written so loosely as to leave interpretation open and a standing ground to fight in the courts?
Based from the well thought out comment posted by David W and suplimentary comment by Teresa E. it may be possible I have misinterpreted the initial article, in that it the amendment is to broaden the scope of the definition for Disability, but I still stand in that any definition(s) used in which would determine benefits and protection under ADA law and any subsequent amendments should be kept as open to interpretation as needed.
Christopher W.
7/12
Marilyn is right no matter what party it benefits the people with disabilities will continue fighting and the important thing is that their rights are improving.
Mariam G.
I am glad that both parties at least agree that disabilities is an issue that needs to be looked over in. And how discrimination needs to be considered an important issue because even though we don't think about it too much it is still something that people with disabilities should not have to deal with.
Diana Bernal
It is great to hear that the senate will be passing such an impressive bill and that both parties agreed to it. I agree with what Harkin stated about what was intended by Congress when the law was passed and how it has been eroded in the past years. This bill is needed by many Americans who suffer form diabetes and other disabilities that seem to want to be eliminated by the definition of who qualifies as an “individual with a disability.” I am fond of the new category mentioned in the article of major bodily functions. This is something that many people must deal with and now they will at least be getting help for it. This bill is a huge stepping stone for individuals with disabilities and I hope it works the way it is intended.
Nancy C.
8 of 12
I personally feel Teresa E's comments was very rewarding and inspiring. It feels good to hear how legislation and technology advances or changes can make a huge contribution not only to an indivdual with a disability but to all.
Caleb B.
It is impressive how our government shows their attempt to keep up the ADA. Due to a higher disability rate, there is a much more need to consider new changes so that everybody is protected by law. The definition of disability needs to be updated in order for people with illnesses such as cancer or diabetes can keep their jobs when their illness returns. With the passing of this bill many more opportunities for persons who are disabled become available. However due to people’s way of thinking, discrimination cannot be avoided and stopped. No matter what policies the government put out they will never be able to control the way people think about people with disabilities.
-Elizabeth H.
Yes teresa Thank God and thanks for sharing your personal life with us.
-Elizabeth H.
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