Let's Make the ADA All That it Should Be

Randy L. Pleva, Sr. Paralyzed Veterans National President

When President George H.W. Bush signed the Americans with Disabilities Act on a hot summer day on the White House lawn in 1990, he said, “Let this shameful wall of exclusion come tumbling down.”

On July 26, 2008, we celebrated the 18th anniversary of the enactment of the Americans with Disabilities Act (ADA). The ADA has opened doors long closed to people with disabilities in employment, public services, transportation and public accommodations.

Many of the walls the President condemned have in fact tumbled, but others remain for many people with disabilities particularly for many who can and want to find employment. Federal courts, following the Supreme Court’s lead, have severely restricted ADA coverage in employment cases. The Supreme Court decided that the law doesn’t cover people who manage their disability with medication, technology or personal accommodation. For instance, a driver was fired because he was blind in one eye (despite years of good performance reviews with that condition). He was told by the Supreme Court that he didn’t have a disability under the ADA. Why? Because he had developed depth perception with the other eye to the extent that his vision was fairly normal. Similarly, people with diabetes, epilepsy, chronic diseases, and even amputees, have been determined not to have protection under the law.

What happens to the veteran who has lost a limb but has a terrific prosthetic device that allows her to participate in all the activities she used to? If she applied for but didn’t get a job even if it was specifically because she is missing a limb - according to the Supreme Court, she doesn’t have a disability and is out of luck.

The ADA Amendments Act of 2008 (ADAAA) will re-establish these protections. It doesn’t expand coverage, but restores its application to people who were intended to be covered by Congress in 1990. Paralyzed Veterans of America supports this bill, with over 60 other national disability organizations, 20 veteran service organizations, and many key business associations such as the U.S. Chamber of Commerce, the National Association of Manufacturers, the Society for Human Resource Management, and the HR Policy Association.

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.

The ADA Amendments Act passed the House of Representatives overwhelmingly on June 26. Paralyzed Veterans of America calls on the U.S. Senate to act and pass S.1881, the Senate bill, so that thousands of people with disabilities will have their rights restored under the ADA and that last wall will, in fact, come tumbling down.