Disability Law

ADA Amendments: Still More Amendments

By David A. McCranie, Esq.

On 7/31/2008, Senator Tom Harkin (D-Iowa), joined by Senators Obama, McCain and Clinton, among others, introduced S. 3406, which is again designated the "ADA Amendments Act of 2008."  The bill is quite similar to H.R. 3195 on which the Senate conducted a hearing last month. One of the concerns raised at that hearing was H.R.3195's definition of the term "substantially limits" to mean "materially restricts."

Under the new bill, the term "materially restricts" has been deleted.  In its place, the bill says simply that "[t]he term 'substantially limits' shall be interpreted consistently with the findings and purposes of the ADA Amendments Act of 2008."  In Section 2, "Findings and Purposes," the bill criticizes several U.S. Supreme Court decisions and sets forth Congress's intent that the definition of "disability" be interpreted broadly.

With both major presidential candidates signing on to the bill, I'd guess that we're likely to see it pass.

Full post as published by Florida Workers’ Compensation Law Blog on August 02, 2008 (boomark / email).