An op-ed in today’s Washington Times from Tony Coehlo, chairman of the Epilepsy Foundation, and NAM President John Engler, “Securing the Promise of the ADA“:

[The ADA Amendments Act] would clarify Congress’ original intent and restore coverage to people who have been cut out of the law’s protections because, in a distinction worthy of “Catch 22,” the courts have ruled them “too functional” to meet the definition of “disabled.” Such hair-splitting ignores the fact that these Americans still are vulnerable to discrimination -– and our economy and our entire society still need their fullest contributions.

At a time when the baby-boom generation is beginning to retire, companies and industries are facing growing shortages of skilled workers and international competition is becoming more intense, there must be zero tolerance for discrimination that discourages capable workers. And as injured veterans return from Afghanistan and Iraq, it is even more urgent that we prevent discrimination against Americans with disabilities. Regardless of party, philosophy, disability or walk of life, Americans should be able to agree on this: We need to strengthen a law that strengthens America by passing the ADA Amendments Act in the U.S. Senate and signing it into law.

H.R. 3195 passed the House last week, 402-17.

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.