WASHINGTON--On Thursday, the Senate unanimously approved a bill that would clarify the intent of the Americans with Disabilities Act and “ensure that all Americans with disabilities are protected from discrimination,” according to its authors

WASHINGTON--On Thursday, the Senate unanimously approved a bill
that would clarify the intent of the Americans with Disabilities
Act and “ensure that all Americans with disabilities are
protected from discrimination,” according to its authors,
Sens. Tom Harkin, D-Iowa, and Orrin Hatch, R-Utah.

The ADA Amendments Act would effectively overturn a series of
court decisions that have narrowed the scope of the ADA with
rulings that those who could compensate for their disabilities with
medications, medical devices or prosthetics did not qualify for
protection under the law.

The Senate bill is similar to legislation introduced in the
House by Majority Leader Steny Hoyer, D-Md.--one of the lead
sponsors of the ADA--and Rep. Jim Sensenbrenner, R-Wis., that
passed by a 402-17 margin this summer.

The bill has wide support on both sides of the aisle, as well as
among employers, civil rights and disability advocates, who have
formed an uncommon alliance around the legislation. (See target="_blank">Homecare Monday, June 23.)

Considered 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 in 1990.

However, Hoyer said, “In interpreting the ADA over the
last 18 years, the courts consistently chipped away at its clear
intent … We never expected that people with disabilities who
worked to mitigate their conditions would have their efforts held
against them. But the courts did exactly that.

"All told, these narrow rulings have excluded millions of
Americans from the law's protections, for no good
reason.”

The ADA Amendments Act would leave the ADA’s disability
definition intact as a physical or mental impairment that limits
one or more major life activities. But the bill also directs courts
toward a broader interpretation of the definition, increasing the
number of activities covered and adding a category of conditions
that limit bodily functions. It would also make clear that the use
of mitigating measures, such as diabetes medication, would not
remove anyone from the law’s protections.

"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,” said Harkin, chief author of the original ADA.

“That is not what Congress intended when we passed the
law, and this bill is the right fix."

In a statement from the American Association of People with
Disabilities, President and CEO Andrew Imparato said, "This is the
most important piece of disability legislation since the enactment
of the ADA in 1990, and we are close enough to the finish line that
we can see over.”

Hoyer told reporters the House is expected to vote on the Senate
version of the measure this week, and said it is likely President
Bush will sign the legislation.