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PROPOSED LANGUAGE FOR ADA REFORMATION ACT
A BILL
To restore the intent and protections of the Americans with Disabilities Act of
1990.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the 'ADA Restoration Act of 2008'.
SEC. 2. FINDINGS AND PURPOSES
(a) Findings- Congress finds that-
(1) in enacting the Americans with Disabilities Act of 1990 (ADA), Congress intended
that the Act 'establish a clear and comprehensive prohibition of discrimination
on the basis of disability' and provide broad coverage;
(2) in enacting the ADA, Congress recognized that physical and mental disabilities
in no way diminish a person's right to fully participate in all aspects of society,
but that people with physical or mental disabilities are frequently precluded from
doing so because of prejudice, antiquated attitudes, or the failure to remove societal
and institutional barriers;
(3) while Congress expected that the definition of disability under the ADA would
be interpreted consistently with how courts had applied the definition of handicap
under the Rehabilitation Act of 1973, that expectation has not been fulfilled;
(4) the holdings of the Supreme Court in Sutton v. United Airlines, Inc., 527 U.S.
471 (1999) and its companion cases, and in Toyota Motor Manufacturing, Kentucky,
Inc. v. Williams, 534 U.S. 184 (2002) have narrowed the broad scope of protection
intended to be afforded by the ADA, thus eliminating protection for many individuals
whom Congress intended to protect; and
(5) as a result of these Supreme Court cases, lower courts have incorrectly found
in individual cases that people with a range of substantially limiting impairments
are not people with disabilities.
(b) Purpose- The purposes of this Act are-
(1) to carry out the ADA's objectives of providing 'a clear and comprehensive national
mandate for the elimination of discrimination' and 'clear, strong, consistent, enforceable
standards addressing discrimination' by reinstating a broad scope of protection
to be available under the ADA;
(2) to reject the requirement enunciated by the Supreme Court in Sutton v. United
Airlines, Inc., 527 U.S. 471 (1999) and its companion cases that whether an impairment
substantially limits a major life activity is to be determined with reference to
the ameliorative effects of mitigating measures;
(3) to reject the Supreme Court's reasoning in Sutton v. United Airlines, Inc.,
527 U.S. 471 (1999) with regard to coverage under the third prong of the definition
of disability and to reinstate the reasoning of the Supreme Court in School Board
of Nassau County v. Arline, 480 U.S. 273 (1987) which set forth a broad view of
the third prong of the definition of handicap under the Rehabilitation Act of 1973;
(4) to reject the standards enunciated by the Supreme Court in Toyota Motor Manufacturing,
Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), that the terms 'substantially'
and 'major' in the definition of disability under the ADA 'need to be interpreted
strictly to create a demanding standard for qualifying as disabled,' and that to
be substantially limited in performing a major life activity under the ADA 'an
individual must have an impairment that prevents or severely restricts the individual
from doing activities that are of central importance to most people's daily lives';
and
(5) to provide a new definition of "substantially limits" to indicate that Congress
intends to depart from the strict and demanding standard applied by the Supreme
Court in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams and by numerous
lower courts.
SEC. 3. CODIFIED FINDINGS.
Section 2(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101) is
amended-
(1) by amending paragraph (1) to read as follows:
(1) physical or mental disabilities in no way diminish a person's right to fully
participate in all aspects of society, yet many people with physical or mental
disabilities have been precluded from doing so because of discrimination; others
who have a record of a disability or are regarded as having a disability also have
been subjected to discrimination;'
(2) by striking paragraph (7).
A BILL
To restore the intent and protections of the Americans with Disabilities Act of
1990.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the 'ADA Restoration Act of 2008'.
SEC. 2. FINDINGS AND PURPOSES
(a) Findings- Congress finds that-
(1) in enacting the Americans with Disabilities Act of 1990 (ADA), Congress intended
that the Act 'establish a clear and comprehensive prohibition of discrimination
on the basis of disability' and provide broad coverage;
(2) in enacting the ADA, Congress recognized that physical and mental disabilities
in no way diminish a person's right to fully participate in all aspects of society,
but that people with physical or mental disabilities are frequently precluded from
doing so because of prejudice, antiquated attitudes, or the failure to remove societal
and institutional barriers;
(3) while Congress expected that the definition of disability under the ADA would
be interpreted consistently with how courts had applied the definition of handicap
under the Rehabilitation Act of 1973, that expectation has not been fulfilled;
(4) the holdings of the Supreme Court in Sutton v. United Airlines, Inc., 527 U.S.
471 (1999) and its companion cases, and in Toyota Motor Manufacturing, Kentucky,
Inc. v. Williams, 534 U.S. 184 (2002) have narrowed the broad scope of protection
intended to be afforded by the ADA, thus eliminating protection for many individuals
whom Congress intended to protect; and
(5) as a result of these Supreme Court cases, lower courts have incorrectly found
in individual cases that people with a range of substantially limiting impairments
are not people with disabilities.
(b) Purpose- The purposes of this Act are-
(1) to carry out the ADA's objectives of providing 'a clear and comprehensive national
mandate for the elimination of discrimination' and 'clear, strong, consistent, enforceable
standards addressing discrimination' by reinstating a broad scope of protection
to be available under the ADA;
(2) to reject the requirement enunciated by the Supreme Court in Sutton v. United
Airlines, Inc., 527 U.S. 471 (1999) and its companion cases that whether an impairment
substantially limits a major life activity is to be determined with reference to
the ameliorative effects of mitigating measures;
(3) to reject the Supreme Court's reasoning in Sutton v. United Airlines, Inc.,
527 U.S. 471 (1999) with regard to coverage under the third prong of the definition
of disability and to reinstate the reasoning of the Supreme Court in School Board
of Nassau County v. Arline, 480 U.S. 273 (1987) which set forth a broad view of
the third prong of the definition of handicap under the Rehabilitation Act of 1973;
(4) to reject the standards enunciated by the Supreme Court in Toyota Motor Manufacturing,
Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), that the terms 'substantially'
and 'major' in the definition of disability under the ADA 'need to be interpreted
strictly to create a demanding standard for qualifying as disabled,' and that to
be substantially limited in performing a major life activity under the ADA 'an
individual must have an impairment that prevents or severely restricts the individual
from doing activities that are of central importance to most people's daily lives';
and
(5) to provide a new definition of "substantially limits" to indicate that Congress
intends to depart from the strict and demanding standard applied by the Supreme
Court in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams and by numerous
lower courts.
SEC. 3. CODIFIED FINDINGS.
Section 2(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101) is
amended-
(1) by amending paragraph (1) to read as follows:
(1) physical or mental disabilities in no way diminish a person's right to fully
participate in all aspects of society, yet many people with physical or mental
disabilities have been precluded from doing so because of discrimination; others
who have a record of a disability or are regarded as having a disability also have
been subjected to discrimination;'
(2) by striking paragraph (7).
