WASHINGTON, DC -- The U.S. House of Representatives overwhelmingly approved legislation today to stop discrimination against individuals with disabilities by restoring the original intent of the Americans with Disabilities Act.

By a 402 to 17 vote, the House approved the ADA Amendments Act (H.R. 3195), bipartisan legislation introduced by Majority Leader Steny Hoyer (D-MD) and Rep. James Sensenbrenner (R-WI). The bill will reverse several U.S. Supreme Court decisions that have undermined the Americans with Disabilities Act. Since the ADA ’s enactment nearly two decades ago, courts have dramatically reduced the numbers of workers who are protected from employment discrimination under the law.

“The Americans with Disabilities Act guaranteed that workers with disabilities would be judged on their merits and not on an employer’s prejudices. But since the ADA’s enactment, several Supreme Court rulings have dramatically reduced the number of workers with disabilities who are protected from discrimination under the law,” said Rep. George Miller (D-CA), chairman of the House Education and Labor Committee. “Today we make it absolutely clear that the Americans with Disabilities Act protects anyone who faces discrimination on the basis of a disability.”

“The Supreme Court’s misinterpretation of the Americans with Disabilities Act has helped to keep some of our brightest and talented Americans out of the workforce, weakening our competitive edge in the global market,” said Rep. Rob Andrews (D-NJ), chairman of the Subcommittee on Health, Employment, Labor and Pensions. “Today’s passage of the ADA in the House helps to restore our edge by protecting the worker with a vision impairment but possesses the ability to provide the best financial advice in his firm, or the worker with a mobile impairment but is considered the best medical researcher in her field from discrimination based on their disability.” 

In a series of rulings beginning in 1999, the U.S. Supreme Court narrowed the definition of who is protected under the ADA . The court held that workers with disabilities who are able to mitigate their impairments, such as by wearing hearing aids or taking medication, should not be considered disabled. In such cases, these workers would have no remedy under the law when they are discriminated against on the basis of disability. In other words, an employer could fire or refuse to hire a fully qualified worker simply on the basis of a physical or mental impairment, while contending in court that the worker is not “disabled enough” to qualify for protection under the law.

The ADA Amendments Act will reverse these court decisions and restore the original Congressional intent of the Americans with Disabilities Act by:

• Clarifying the definition of disability, including what it means to be “substantially limited in a major life activity.”
• Prohibiting the consideration of measures that reduce or mitigate the impact of impairment – such as medication, prosthetics, and assistive technology – in determining whether an individual has a disability.
• Covering workers whose employers discriminate against them based on a perception that the worker is impaired, regardless of whether the worker has a disability.
• Making it clear that the Americans with Disabilities Act provides broad coverage to protect anyone who faces discrimination on the basis of disability.