Public Policy and Legislation

 

We design and carry out strategies that strengthen public policy and that lead to the enactment of federal and state laws protecting and advancing civil rights for people with disabilities such as the Handicapped Children's Protection Act, the Civil Rights Restoration Act, the landmark 1990 Americans with Disabilities Act, and the IDEA Amendments Act.

• ADA Restoration

  In a series of cases in the past few years, the US Supreme Court has severely narrowed the definition of disability, thus limiting who can use the law to challenge discrimination. These cases have resulted in lower court rulings denying individuals with a wide range of disabilities - including diabetes, epilepsy, mental illness, breast cancer, carpal tunnel syndrome, multiple sclerosis, and amputations - protection from discrimination under the 1990 Americans with Disabilities Act (ADA). Because the cases have been dismissed on the definition of disability, the courts never even addressed the discrimination claim.

  To read our analysis of these cases, see "Too Disabled or Not Disabled Enough? The Supreme Court Creates a Catch-22," by DREDF Directing Attorney Arlene Mayerson,and "Defining Disability in the Aftermath of Sutton: Where Do We Go from Here?" also by Mayerson and colleague Kristan Mayer.

  
  

• President Bush signed the ADA Amendments Act

  President Bush signed the ADA Amendments Act of 2008 (ADA 2008) (S. 3406) into law on September 25, 2008. The ADA 2008 redefines the term "disability" by rejecting the limitations imposed by US Supreme Court decisions. While the ADA 2008 retained the three prongs of the definition of disability [1) an impairment that substantially limits one or more major life activities, 2) a record of such an impairment, or 3) being regarded as having such an impairment], it directs a broad interpretation of the definition when considering whether an individual is disabled. The ADA 2008 states that:

  • a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

  • the determination of whether an impairment substantially limits a major life activity shall be made without considering mitigation measures (other than ordinary eyeglasses or contact lenses)

  • An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active

• ADA Amendments Act (S. 3406) introduced in the Senate by Senators Harkin and Hatch (8.1.08)

• New Draft ADA Restoration Bill (6.16.08)

  On May 23, 2008, negotiators for the disability and business community agreed on draft ADA restoration language that will replace HR 3195 as it was introduced on July 26, 2007. The following documents present the new negotiated language, DREDF's position on the May 23, 2008 proposal, and a response to our position from attorneys involved in the process.

  The May 23, 2008 ADA Restoration Act Negotiated Language

• ADA Restoration Bills Introduced

  On July 26, 2007, the 17th Anniversary of the Americans with Disabilities Act (ADA), Congressmen Steny Hoyer (D-Maryland) and James Sensenbrenner, Jr. (R-Wisconsin), and Senators Tom Harkin (D-Iowa) and Arlen Specter (R-Pennsylvania)introduced "The ADA Restoration Act of 2007." The legislation responds to U.S. Supreme Court decisions that restricted civil rights protections available to people with disabilities in employment settings. DREDF and other leading disability groups have been working with Congress to address these rollbacks. This legislation will restore the promise of the ADA to end unfair employment discrimination.

  House Bill (HR 3195)

  Senate Bill (S 1881)

  
  

• Resources on the ADA Restoration Act (updated 9.19.07)

• ADA Restoration: An Overview

• ADA Restoration FAQ

• ADA Restoration: Talking Points

• Chronology of ADA Restoration

• ADA Legislative History

• Case Stories: The Impact on Average Americans

• Disability under Section 504 vs. the ADA

   

• Debate on the ADA Restoration Act

  The introduction of the ADA Restoration Act on July 26, 2007, has rallied the disability and civil rights communities to press Congress to pass this important legislation. Critics of the bill are sharing their point-of-view with members of Congress, as well.

  2.14.08 National Council on Disability's Response to Arguments Opposing ADA Restoration

  8.22.07 Letter from the US Chamber of Commerce to the House of Representatives in opposition to HR 3195

  9.27.07 Letter from Congressmen Hoyer and Sensenbrenner in Response to Chamber of Commerce

  12.17.07 Letter from US Chamber of Commerce and other opponents on ADA Restoration to Members of Congress

  
  

• House Committee on Education and Labor ADA Restoration hearing, January 29, 2008 at 10:00 am EST (2.2.08)

  Individual testimony at the hearing is posted on the Committee's website.

  Andrew Imparato, American Association of People with Disabilities

  Carey McClure, Plantiff in ADA Lawsuit v. General Motors

  Robert L. Burgdorf, Professor of Law, University of the District of Columbia

  David K. Fram, Esq., National Employment Law Institute

  
  
  
• Senate Hearing on the ADA Restoration Act on November 15, 2007

  Watch the hearing on line from the HELP Committee website. (Note: the hearing begins 18 min, 10 sec into the Real Player video.) http://help.senate.gov/Hearings/2007_11_15_b/2007_11_15_b.html

  The Senate Committee on Health, Education, Labor & Pensions (HELP) conducted the first Senate hearing on the ADA Restoration Act on Thursday, November 15, 2007. Testimony was given by:

  John Kemp, Attorney, Powers, Pyles, Sutter & Verville, P.C., Washington, D.C.

  Dick Thornburgh, Counsel, Kirkpatrick & Lockhart, Preston, Gates, Ellis, LLP, Washington, D.C.

  Stephen Orr, Pharmacist, Rapid City, South Dakota

  Camille Olsen, Attorney, Seyfarth & Shaw, Chicago, Illinois

  Chai Feldblum, Director, Federal Legislation Clinic and Professor of Law, Georgetown Law Center, Washington, D.C.

  
  

• House Hearing on the ADA Restoration Act on October 4, 2007

  The Judiciary Committee conducted the first hearing on the ADA Restoration Act on Thursday, October 4, 2007. Testimony was given by:

  Congressman Steny Hoyer, House Majority Leader

  Cheryl Sensenbrenner, Chairman
  American Association of People with Disabilities

  Stephen Orr, Pharmacist

  Michael Collins, Executive Director
  National Council on Disability

  Lawrence Lorber, U. S. Chamber of Commerce

  Chai Feldblum, Professor
  Georgetown University Law Center

  
  

• Congressional Support: as of March 13, 2008, there were 244 cosponsors on HR 3195 and 3 cosponsors on S. 1881

• Sustaining IDEA

  We will also be focused on overturning the devastating Supreme Court decisions last term (Schaffer v. Weast and Arlington Central School District v. Murphy) that stripped parents of critical tools to challenge school district decisions under the IDEA. In addition, we are also working to establish a pro-active legislative agenda on disability rights issues.

  
  

• Additional Policy Issues

  AB 1667, opposed by DREDF, was signed into law on September 21, 2006. Parents and guardians are urged to contact DREDF if they find that they cannot secure necessary specialized physical health care services in school due to unavailability of nurses. Contact Larisa Cummings

  DREDF joins with the Center for Disability Issues in the Health Professions and other groups in urging the California Department of Health Services to adopt performance standards for Medicaid MCO's that were identified by diverse stakeholders and submitted to the Department in November, 2005. These standards would improve access to healthcare services and programs for people with disabilities, if adopted.

  DREDF salutes Senator Tom Harkin for sponsoring the Promoting Wellness for Individuals with Disabilities Act of 2007.

  Watch here for more information.

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updated 11/3/08