House Widely Approves ADA Amendments, But What Difference Will They Make If They Become Law?

Part I – Introduction

On June 25, the House of Representatives passed an act amending the Americans With Disability Act (”ADA”). As compromise legislation approved by important business groups who had opposed a previous version, it stands a good chance of becoming law.

This is the first in a series of posts discussing the proposed amendments and what they might mean for employees and employers litigating ADA claims.

The ADA Amendments Act of 2008 (“ADAAA”) is a compromise version of the bill first introduced in the House in 2007, as the ADA Restoration Act of 2007 (“ADARA”).

In January, 2008, I weighed in against what I felt to be the overly-broad brush of the ADARA as initially introduced (mainly quoting the position of the Society for Human Resources Management (SHRM)).

A broad spectrum of business and disability rights organizations, including SHRM, now support the ADAAA.

Business Organization Support

Human Resource Policy Association
National Restaurant Association
National Association of Manufacturers
Society for Human Resource Management
U.S. Chamber of Commerce

Disability Organization Support

American Association of People With Disabilities
American Diabetes Association
American Psychological Association
Epilepsy Foundation
National Alliance on Mental Illness
National Disability Rights Network
Paralyzed Veterans of America

Bipartisan Political Support

If the passage rate in the House (402-17) is any guide, it looks like clear sailing for Senate consideration. Obviously, the House vote included substantial Republican support.

However, although not threatening a veto, the Bush Administration has expressed some reservations, so Senate Republicans may succeed in pushing for a final version that is not quite as favorable to employees.

Key Changes

This series will explore, in order, four main aspects of the ADA affected by the ADAAA, which is billed as an antidote to court decisions felt by many to unduly limit the ADA’s scope and efficacy: