National Council on Disability Urges ADA Changes
December 2004
Editor: Over the last few years the federal government has been very
successful at restricting rights granted under the Americans with
Disabilities Act (ADA). The National Council on Disabilities is now
calling for new legislation to restore the original intent of the ADA.
Thanks to NVRC News for this story.
~~~~~~~~~~~~~~~~~~~
The following is an article by Eileen Putman, an Associated Press
writer:
An independent federal agency wants President Bush to propose changes
in the nation's landmark disability act, citing Supreme Court decisions
it says have reduced the status of disabled people "to that of
second-class citizens."
The National Council on Disability, which advises Congress and the
president, said in a report being released Wednesday that legislation is
needed to restore the original intent of the 1990 Americans with
Disabilities Act.
The council proposed an "ADA Restoration Act," which it
likened to the Civil Rights Restoration Act of 1987, passed by Congress
to broaden the civil rights law enacted two decades earlier.
Specifically, the council said Congress should bar discrimination
against anyone "on the basis of disability," a change from the
current wording, which bars discrimination "against an individual
with a disability."
The latter wording tends to be narrowly construed and has often
resulted in judges trying to decide whether someone actually has a
life-altering disability and thus qualifies for protection, the council
said.
"All Americans are potentially susceptible to discrimination on
the basis of disability, whether they actually have physical or mental
impairments and regardless of the degree of any such impairment,"
said the council report, which was sent to Bush.
The 1990 law signed by Bush's father was intended to ensure equal
rights for the disabled and has brought a host of changes in workplaces,
transportation, communication and other aspects of American life. Among
other things, companies must make reasonable attempts to accommodate
workers with physical impairments, while buildings, transportation and
other public facilities must be accessible to all.
The council cited "negative court decisions" that have
narrowed or cut back the influence of the law. The cases include:
-Sutton v. United Air Lines Inc., 1999. The Supreme Court found that
severely myopic twins who had unsuccessfully sought pilot jobs with
United Airlines were not actually disabled because their vision could be
corrected by eyeglasses.
-Toyota Motor Mfg. v. Williams, 2002. The Supreme Court said a Toyota
assembly line worker with carpal tunnel syndrome, fired because of her
poor attendance record, was not entitled to protection under the
disability act because it was not clear that she had substantial
impairment of "any major life activity."
-The court used a similar rationale in a 1999 case, Albertsons Inc.
v. Kirkingburg, in which a driver for Albertsons was erroneously
certified as meeting visual standards for truck drivers; when the error
was discovered, Albertsons fired him and refused to rehire him even
after he obtained a waiver from the standards. The court ruled the
driver had not shown the alleged disability affected a major life
activity.
-Murphy v. United Parcel Service, 1999. The high court ruled against
a UPS mechanic who was fired because his blood pressure exceeded health
guidelines. The man had challenged his firing on grounds his high blood
pressure was a disability, but the Supreme Court disagreed because the
man could function normally with the help of blood pressure medication.
For more information: http://www.ncd.gov The report is currently
available in PDF format at www.ncd.gov/newsroom/publications/2004/pdf/righting_ada.pdf
Source: http://hosted.ap.org/dynamic/stories/D/DISABILITY_LAW
?SITE=MITRA&SECTION=POLITICS
(Long URL and may appear on more
than one line in this message. Copy
and paste the entire URL into your browser)
