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.

 

2008 Policy Initiatives

  • 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

For more information on the legislative process on restoration of the ADA, please see our Archives.