Lawmakers May
Redefine “Disability” Under ADA
[Posted 01/31/2008]
According to HR.BLR.com, the US House of
Representatives Committee on Education and Labor is
scheduled to consider legislation—the ADA
Restoration Act of 2007, H.R. 3195—that would expand
the definition of
“disability” under the Americans
with Disabilities Act (ADA).
Currently, a
“disability” is defined as a physical
or mental impairment that substantially limits one
or more of the individual's major life activities
when using a mitigating measure, such as glasses,
pills for hypertension, or a hearing aid [Sutton v.
United Airlines, Inc., 119 S.Ct. 2139 (1999)]. The
current definition also includes having a record of
such impairment or being regarded as having such an
impairment.
H.R.
3195 would redefine
“disability” as a physical or
mental impairment, a record of such an impairment,
or being regarded as having such an impairment.
This would, in effect, eliminate the current
requirement that the physical or mental impairment
substantially limit one or more of the individual’s
major life activities in order to be covered by the
ADA.
The
legislation would also require that
“…determination
of whether an individual has a physical or mental
impairment be made without considering the impact
of any mitigating measures the individual may be
using…” and would remove from consideration whether
any manifestations of an impairment are episodic,
in remission, or latent.
Business and employer groups oppose the
legislation, saying the new definition would be too
broad. The Society for Human Resource Management
says the law would go too far and cover
“people
who have minor or temporary impairments such as
near-sightedness, headaches, small scars and even
tennis elbow, or tattoos,” according to the news
report.
Related Links:
HR.BLR.com News Article
Text of HR 3195
Disabilities (ADA) Resource Links
Return to News
Summary Page:
Occupational Health News Summaries