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eInsights - October 2008Expanding Civil Rights for the DisabledOn September 11, 2008, the Senate approved legislation that would expand protection against workplace discrimination for people with disabilities. This legislation overturns several Supreme Court rulings that curbed such safeguards in the past decade and is similar to a vote passed by the House in June of this year. According to the New York Times, one Texas case cited that a worker with epilepsy could not be considered disabled because he was taking medications that reduced the frequency of seizures. In deciding whether a person is disabled, the House bill says that courts should generally not consider the effects of ?mitigating measures? like prescription drugs, hearing aids and artificial limbs. The House bill makes it easier for workers to prove discrimination, relaxing some of the strict standards set forth in Supreme Court rulings. Lawmakers argued that people with illnesses such as Spina Bifida had been improperly denied protection because their conditions could be controlled by medication or were in remission. The chief sponsor of the House bill, Representative Steny H. Hoyer of Maryland, found the current situation escalating to a bizarre realm. ?An individual may be considered too disabled by an employer to get a job, but not disabled enough by the courts to be protected by the ADA from discrimination,? Mr Hoyer said according to the New York Times. According to News Daily, both the House and Senate bills define a disability as a physical or mental impairment that "substantially limits" one or more major life activities. They increase the number of activities covered, add a category of bodily functions and allow workers to sue if they believe they are mistreated. A final version of the ADA Amendments Act will be sent to President Bush to be signed into law.
If you would like to provide feedback, please email eInsights@sbaa.org. eInsights is an electronic newsletter brought to you quarterly by the Spina Bifida Association |
