(from 2007 Legislative Agenda)
The First Session of the 110th Congress should:
National Disability Rights Network Urges
Congress to Pass ADA Restoration Act
Group calls on Congress to end unfair employment discrimination
(Jan 29, 2008) Today the House committee of primary jurisdiction -- the Committee on Education and Labor -- held its first hearing on the ADA Restoration Act of 2007. With 244 cosponsors – more than the prerequisite number for passage in the House – it is time to restore Congress’ original intent in passing the Americans with Disabilities Act (ADA): to make this great nation’s promise of equality and freedom a reality for Americans with disabilities by protecting anyone who is treated less favorably because of a current, past, or perceived disability.
Over the past 17 years, the courts have narrowed the definition of disability so much that p eople with conditions like epilepsy, diabetes, HI V, cancer, and hearing loss who manage their disabilities with medication, prosthetics, or hearing aids are viewed as “too functional” to have a disability. While these same people may be denied a job or fired because an employer mistakenly believes they cannot perform the job, they are denied the ADA’s protection from employment discrimination. This creates a Catch-22 in which employers say a person is “too disabled” to do the job but not “disabled enough” to be protected by the law.
“While great progress has been made since passage of the ADA, bad court decisions over the years have eroded many of its essential protections,” said NDRN Executive Director Curt Decker. “We urge Congress to quickly pass this bill to restore the rights of all Americans to be free from unfair discrimination.”