Anniversary of the Americans with Disabilities Act is Marked by Introducing the ADA Restoration Act

National Multiple Sclerosis Society - Fri. Aug. 3, 2007
Thursday, July 26 marked the 17th anniversary of the Americans with Disabilities Act (ADA). This landmark legislation helped ensure that people living with disabilities had the opportunity to lead independent, self-sufficient lives in their communities. However in recent years, court decisions and inconsistent policies have eroded the intent of this seminal law — often not providing enough protections for people with disabilities. To honor the anniversary and combat this trend, Representatives Steny Hoyer (MD) and James Sensenbrenner (WI) introduced the ADA Restoration Act of 2007 (H.R. 3195). The ADA Restoration Act aims to restore the ADA's clear and comprehensive national mandate for the elimination of discrimination on the basis of disability.

This bi-partisan legislation would amend the ADA by changing the definition of disability to underscore the true intent of the original authors of the ADA. In addition, (H.R. 3195) would change the language to focus on whether a person has experienced discrimination "on the basis of disability," rather than requiring individuals with disabilities to first demonstrate that they are substantially limited in some major life activity.

People who live with disabilities are too often treated unfairly and inappropriately in the work place and their communities. Despite the ADA's intent to create a level playing field, the full promise of the law has never been fulfilled. Issue Briefs & Factsheets

ADA Restoration Act of 2007

Position: Signed into law on July 26, 1990, the Americans with Disabilities Act (ADA) is the landmark disability legislation that helps ensure that individuals living with disabilities can lead independent, self-sufficient lives in their communities. However in recent years, the Supreme Court, lower court decisions, and inconsistent policies have eroded the intent of this law-often not providing enough protections for people with disabilities.

The National Multiple Sclerosis Society supports the ADA Restoration Act of 2007 (H.R. 3195) as introduced by Representatives Steny Hoyer (D-MD) and James Sensenbrenner (R-WI) on the 17th anniversary of the original Act. The goal of this bill is to amend the ADA in order to restore, clarify, and codify the protections and intent of the landmark law as passed by Congress in 1990. It will help restore protections for people living with multiple sclerosis and other disabilities.

Request: Help restore protections for people living with MS and other disabilities. Ask your Representative to support people who live with disabilities and become a co-sponsor the ADA Restoration Act of 2007 (H.R. 3195).

Background: Individuals with disabilities are too often treated unfairly and inappropriately in the work place and their communities. People living with MS manage their symptoms with medication to help prevent or ease their disability. But that can sometimes make them appear too functional and could preclude them from ADA protections. Despite the ADA's intent to create a level playing field in the workplace, the full promise of the law has never been fulfilled. For example, often employers claim a person is too disabled to do the job, but not disabled enough for protection under the ADA.
The ADA Restoration Act aims to restore the ADA's clear and comprehensive national mandate for the elimination of discrimination on the basis of disability.

The ADA Restoration Act of 2007 (H.R. 3195) seeks to underscore the true intent and protections granted by the original authors of the ADA in 1990. H.R. 3195 specifically amends the definition of disability so that the people whom Congress originally intended to protect from discrimination are indeed covered under the ADA. For example, people with MS, epilepsy, cancer, and mental impairments tend to fall into a category of individuals who have success controlling their condition but need this protection when a flare up or episode occurs making their condition disabling.

Specifically, the bill would:

- eliminate the "substantial limitation" on a "major life activity" requirement,
- define terms used in the definition of disability (such as "physical impairment" and "mental impairment"),
- and add a rule to the definition of disability that would prohibit courts from considering whether a person uses mitigating measures or from considering whether the manifestations of an impairment, such as MS, are "episodic, in remission, or latent" when determining if a person has an impairment.

This bi-partisan legislation also would amend the ADA to focus on whether a person has experienced discrimination "on the basis of disability," rather than requiring individuals with disabilities to first demonstrate that they are substantially limited in some major life activity. This would help guard against reverse discrimination claims by clarifying that discrimination "on the basis of disability" means discriminating against an individual with a disability.