The Recent Amendments to the Americans with Disabilities Act
In 1990, President George Bush signed into law the Americans with Disabilities Act (ADA), potentially the most far-reaching civil rights legislation since the 1964 Civil Rights Act. The ADA prohibits discrimination against Americans with physical and mental disabilities in such areas as employment, public accommodations, and transportation. Official reports on the number of people covered by the law vary widely—somewhere between 14 and 43 million.
On September 11, 2008, the U.S. Senate passed the ADA Amendments Act of 2008 (Amendments Act) on a voice vote, restoring Congress’ original intent to the ADA of 1990.
This past Thursday (September 25, 2008), President George W. Bush signed the Amendments Act, which makes important changes to the definition of the term “disability” and rejects the holdings in several Supreme Court decisions and portions of the U.S. Equal Employment Opportunity Commission’s ADA regulations. The Amendments Act retains the ADA’s basic definition of “disability” as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that these statutory terms should be interpreted in several ways.
The Amendments Act also overturns Supreme Court decisions that have reduced protections for certain people with disabilities who were originally intended to be covered by the ADA—including people with diabetes, epilepsy, heart disease, mental disabilities, and cancer.
Nancy Zirkin, executive vice president of the Leadership Conference on Civil Rights, recently commented, “…passage of the Amendments Act gives the nation a glimpse of the legislative process at its highest and best. No narrow partisan politics barred the way to reinstating a vulnerable class of people with disabilities who had been excluded by narrow court decisions from the law’s protections—such as those with diabetes, cancer, and bipolar disorder.”
As the recent passing of the ADA Amendments Act of 2008 illustrates, the nation at large and people in general are becoming more and more aware of the special needs and independent rights of persons with disabilities.
Home Evolutions exists to assist people with all levels of need to be able to live safely, comfortably, and independently in their own homes. We also want our website and blog to be helpful hubs of information for these issues and resources for those who have questions and concerns about staying- and aging-in-place.