Following up on yesterday’s post about the Capitol Hill rally in support of S. 3406, the ADA Amendments Act:

• The JFActivist blog has photos. Bravo.
• New York Times story by Robert Pear, “Congress Passes Bill With Protections for Disabled ,” noting the NAM’s involvement and goal of helping meet workforce needs.
• A Manpower blog summary of the legislation.
• From AMLaw Daily, an interview with Lawrence Lorber, a Proskauer Rose labor and employment partner who represented the Chamber of Commerce in the discussions.

A rally on Capitol Hill brought together business, disability advocates and members of Congress today to celebrate the passage and expected signing of S. 3406, the ADA Amendments Act.

House Majority Leader Steny Hoyer observed:

By passing this bill, we have ensured that the definition of “disability” will be construed fairly and broadly. And we have brought millions of our fellow-citizens, who were previously shut out, back where they belong, and back where we need them: under the ADA’s protection.

Together, we have made up a coalition as broad and deep as the one that passed the ADA 18 years ago. We are members of the disability community, struggling for fair and equal treatment; business groups, eager for new pools of talent; and leaders of both parties.

Together, with the passage of this bill, we have brought one step closer the American promise of full inclusion, for all.

NAM’s chief operating officer, LeAnne Wilson, also spoke. Excerpt:

The National Association of Manufacturers is proud to have helped shape this landmark legislation that represents a true collaboration between the employer and disability communities.

Just as importantly, we have shown there is a path for non-traditional allies to come together in today’s political environment to craft legislation to meet the workforce needs of America’s employers.

As a result of our collaborative efforts, all parties recognized that we are working towards the same goal — to secure the promise of the ADA. Once this goal was established, we worked to carefully craft language to strike just the right balance between the needs of employers and the needs of those with disabilities.

The NAM’s news release.

This week on the video highlights of “America’s Business with Mike Hambrick,” we’re pleased to have House Majority Leader Steny Hoyer talking about House passage of the ADA Amendments Act, H.R. 3195. The business community and advocates for the disabled worked together in support of the Hoyer-sponsored legislation, which passed the House in June.

Rep. Hoyer’s late wife Judith had epilepsy, so the issue is personal for the Majority Leader, but as he explains:

It was something that I cared personally about but also something that I came to care about very deeply from a policy standpoint as I worked more and more with members of the disability community –all kinds of disabilities, whether it was sight, hearing, mobility, mental acuity. Whatever it was, to see the extraordinary discrimination that was being visited on people with disabilities I became convinced that it was absolutely essential for us to pass the legislation.
 

For more from Rep. Hoyer and the rest of the America’s Business program for the week, please visit www.americasbusiness.org.

The House has started debating H.R. 3195, the Americans with Disabilities Act Amendments (first the rule, then the bill itself). After months of work by legislators, their staffs, disability advocates and business groups, a good piece of legislation has emerged, one that reaffirms the intent of the original ADA to protect the disabled, prevent discrimination, and at the same time, does not impose unattainable goals and burdens on business.

The NAM was proud to have participated in the discussions that have produced the House bill. We sent a letter to House Leadership on Monday emphasizing our support. (Copy here.) The key provisions:

• Clarify Coverage: clarifies that Congress intended the ADA’s coverage to be broad and
  makes clear the obligations and requirements of employers to cover anyone who faces
  unfair discrimination because of a disability.
• Define Disability: retains the requirement that an individual’s impairment substantially limit
  a major life activity in order to be considered a disability, and an individual must demonstrate
  that he or she is qualified for the job.
• Protect for Mitigating Measures: overturns several court decisions to provide that people
  with disabilities not lose their coverage under the ADA simply because their condition is
  treatable with medication or can be addressed with the help of assistive technology.
• Recognize Perceived Disabilities: includes a “regarded as” prong as part of the definition
  of disability, which covers situations where an employee is discriminated against because of
  his or her actual or perceived impairment. Moreover, the proposal makes it clear that
  accommodations do not need to be made to someone who is disabled solely because he or
  she is “regarded as” disabled.

NAM President John Engler NAM Executive Vice President Jay Timmons will be on the Hill later this afternoon participating in a news conference with supporters, starting with the bill’s sponsor, Majority Leader Steny Hoyer (D-MD). More later…

The House Judiciary Committee this morning will mark up H.R. 3195, the ADA Restoration Act, a bill that had prompted a lot of concern with the business associations. The Education and Labor Committee also has a mark-up scheduled.

A good rule of thumb is that when legislation is called the “Something Restoration Act,” restoration actually stands for expansion of regulations and opportunities for litigation.

But disability activists and business representatives have come together to agree on language that helps clarify the Americans with Disabilities Act, protects and strengthens the protections for the disabled — importantly, covering people who should be covered – and avoids the more onerous and expensive rules that employers fear.

A coalition of groups who have worked on the issue sent a letter to the Hill yesterday outlining the compromise. A copy of the letter is available here. Key provisions it cites.

• Coverage under the ADA - The proposal clarifies that Congress intended the ADA’s coverage to be broad, to cover anyone who faces unfair discrimination because of a disability.
• Definition of Disability - The proposal retains the requirement that an individual’s impairment substantially limits a major life activity in order to be considered a disability and an individual must demonstrate that he or she is qualified for the job. 
• Protection for Mitigating Measures - The proposal would overturn several court decisions to provide that people with disabilities not lose their coverage under the ADA simply because their condition is treatable with medication or can be addressed with the help of assistive technology.
• Regarded As - The proposal includes a “regarded as” prong as part of the definition of disability which covers situations where an employee is discriminated against because of his or her actual or perceived impairment.  Moreover, the proposal makes it clear that accommodations do not need to be made to someone who is disabled solely because he or she is “regarded as” disabled.

A good compromise, one that reflects the business community wanting to achieve a good working environment for employees.

P.S. NPR’s Morning Edition had a report on the compromise this a.m. Story here.