Victory! Congress Approves Americans with Disabilities Amendments Act

September 18, 2008

NOW salutes Congress' passage of the Americans with Disabilities Act (ADA) Amendments Act. This bill to reinstate important civil rights protections for people with disabilities should be on President Bush's desk by end of the week where it is expected that he will sign the bill into law.

A series of Supreme Court decisions in 1999 seriously undermined the original bi-partisan intent of the ADA, narrowing the category of who qualifies as an "individual with a disability." The ADA amendments, crafted in partnership with the disability rights and civil rights community, concerned employers and those overseeing public accommodations, will restore the original purpose of the bill and reinstate anti-discrimination protection for the broad range of individuals with disabilities who had been denied coverage a decade ago by the Supreme Court.

On Thursday, September 11 the Senate passed S. 3406 by "unanimous consent," and yesterday the House passed the Senate version by a voice vote. The House had previously supported a similar bipartisan legislation introduced by Majority Leader Steny Hoyer (D-Md.) and Rep. Jim Sensenbrenner (R-Wis.) that passed by a 402-17 margin this summer. This will cap a decades-long effort to restore the original intention and coverage of the 1990 landmark civil rights bill guaranteeing equal rights and access to individuals with disabilities.

This is an important victory, especially for women, because many of the disabling conditions that had been denied by the Supreme Court are ones that women experience. The Court, in its supposed medical wisdom, had decided that a person who takes medication or uses a technical aid such as a prosthetic limb or hearing aid to mitigate a disability is not considered disabled.

The amendments just passed by Congress will include in the definition of disability any condition that limits a major life activity, regardless of whether or not it is treatable with medication or technology. It updates the definition of a major life activity to include conditions that limit bodily function such as that of the immune system, circulatory system or brain.

NOW echoes Senator Hatch's declaration that "this bill continues our ongoing effort to expand opportunities for individuals with disabilities to participate in the American Dream."

There is still much more to be done to address the unmet needs and rights of our family members, friends, neighbors, and fellow students and co-workers with disabilities who continue to be underserved and under-utilized -- but these amendments are an important step toward justice.