The 2008 ADA Amendment still appears to be stalled

This month's MDA Quest Magazine has several interesting articles. Two interesting articles in my opinion are the "ADA Roundup" and "Call for Help." I would encourage you to read these articles if you have the opportunity.

Reference the "ADA Roundup": The article begins by mentioning that the original act is twenty years old, but still is a "work in progress." The 2008 amendment to the ADA act appears to be in limbo with the exact language still being discussed. The EEOC has posted Q&A on the proposed amendment. It is interesting reading if you are into "government speak."

"The ADAAA states that its purpose is "to reinstate a broad scope of protection" by expanding the definition of the term "disability." Congress found that persons with many types of impairments – including epilepsy, diabetes, multiple sclerosis, intellectual disabilities (formerly called mental retardation), major depression, and bipolar disorder – had been unable to bring ADA claims because they were found not to meet the ADA's definition of "disability."

"The ADAAA defines a disability as:

1. a physical or mental impairment that substantially limits a major life activity; or
   
2. a record of a physical or mental impairment that substantially limited a major life activity; or
   
3. when an entity (e.g., an employer) takes an action prohibited by the ADA based on an actual or perceived impairment."
   

You can read more about each of these in the EEOC Q&A mentioned above.

The amendment is very positive for employees with disabilities especially in the area of possible employment discrimination. The focus will be on whether an employee is discriminated against and not if the person is disabled. "Up until Jan. 1, (2009) the courts (including the U.S. Supreme Court) interpreted the term "disability" so narrowly that many people, including those with significant disabilities, were denied ADA employment protections. One of the most important effects of the Amendments Act is that the focus now will be on whether job discrimination against a person occurred — not on the question of whether that person is disabled."

Since the amendment was passed, there has been one delay after another largely because the EEOC commissioners could not form a quorum (agreement on the language). The article went on to say that once the EEOC gains agreement on the wording changes, it must be sent to the Office of Management and Budgets (OMB) for review. Then it must be run past other government agencies and after everyone approves, published in the Federal Register. Then, the EEOC will take comments for sixty days. Afterwards, they EEOC will revise the amendment and then send the revised document to the OMB. Then the amendment changes have to be coordinated with other government agencies before finally being enacted. EEOC Program Analyst Okwesa confirmed via email to Quest that "it is uncertain that a final ADA rule will be out by September (2010).

More information on the ADA amendment can also be found in this 2009 Quest Magazine. I would encourage you to become familiar with the act and the amendment. It could be important to you some day.


By the way, for 2009, Indianapolis, IN was recognized as the national model of a disability-friendly city.