EEOC Issues Draft ADAA Regulations

The U.S. Equal Employment Opportunity Commission (EEOC) has approved a Notice of Proposed Rulemaking (NPRM) to revise the regulations that apply to individuals seeking protection in regards to employment under the Americans with Disabilities Act (ADA). The revised regulations were developed to be consistent with the original, expansive intent of Congress when it enacted the ADA in 1990. The NPRM makes several significant changes to the definition of the term disability necessitated by enactment of the ADA Amendments Act that went into effect on January 1, 2009. The draft of the regulations was published in the federal register on Wednesday September 23, 2009 (link to regulations). The EEOC has also published this Q & A Guide about the NPRM and instructions for submitting public comments. CHADD will be working with partner organizations to provide comments on the regulations.

Updated September 30, 2009

Technical Assistance Materials on ADA Amendments Act

The Job Accommodation Network and Association on Higher Education and Disability have released materials clarifying implementation of the ADA Amendments Act. Although the ADAA went into effect on January 1, 2009, the Equal Employment Opportunity Commission has not yet issued regulations interpreting the amended legislation. 

The Job Accommodation Network publication titled JAN's Accommodation and Compliance Series: The ADA Amendments Act of 2008, can be found here.

Materials produced by the Association on Higher Education and Disability that address how the ADAA will impact accommodations for students with disabilities can be found here.

Updated February 20, 2009

President Signs ADA Amendments Act into Law

On Thursday September 25, 2008, President George W. Bush signed the Americans with Disabilities Amendments Act (S.3406) into law. The new law will take effect January 1, 2009, and will restore protections against discrimination for many persons with disabilities who experience discrimination in employment, state or local government services, or places of public accommodation such as movies and restaurants.

The original Americans with Disabilities Act of 1990, did for people with disabilities what the Civil Rights Act of 1964 did for other minorities—safeguard their civil rights and protect them from discrimination. However, court interpretations after passage of the ADA significantly limited who was considered to be a person with a disability and therefore who was entitled to protection from discrimination.  

For persons with AD/HD, the passage of the ADA Amendments Act is a huge victory in that the courts can no longer take into account “mitigating measures,” such as the use of medication or learned behavioral modifications, when determining who is protected from discrimination by the Act.

This victory shows the power of bipartisan alliance and multi-sectored coalition. Members of the civil rights, disability, and business communities came together to work with Congress to fix the errors made by the Supreme Court in determining who was protected by the ADA. This historic day would not have been possible without you!

Your actions—through the thousands of phone calls, emails, letters and visits made to Congressional offices—sent a clear message to Congress and the White House that people with disabilities have the right to equal opportunity in employment and protection from workplace discrimination.

Posted September 29, 2008

House Passes ADA Amendments Act; Now On to President Bush

This morning, the House of Representatives passed by voice vote the Senate version of the Americans with Disabilities Act Amendments Act of 2008. Now that the bill has been passed in both the Senate and House of Representatives, it goes to the desk of President George W. Bush to be signed into law.

CHADD thanks all the members of Congress, and their staff, who worked with members of the civil rights, disability, and business communities to get the ADA Amendments Act passed during this session of Congress.

Thank you to all CHADD members and affiliates who urged their members of Congress—by email, letter, or phone call—to get this bill passed!

A press conference and rally will be held today on the West front steps of the House side of the Capitol to celebrate Congress’ passage of this important bill and the send-off of the ADA Amendments Act to President Bush to sign into law.

Speakers will include House Majority Leader Steny Hoyer (D-MD), Representatives James Sensenbrenner (R-WI) and Jerrold Nadler (D-NY), Senators Tom Harkin (D-IA) and Orrin Hatch (R-UT). There are accessibility ramps from both the House and Senate sides and Capitol police will be there to assist and direct. There will be a sign language interpreter for the event.

The press release from the Leadership Council on Civil Rights, quoting CHADD’s CEO Clarke Ross, can be viewed here.

Posted September 17, 2008

Senate Passes ADA Amendments Act

On September 11, 2008, the Senate, by a voice vote of unanimous consent, passed the Americans with Disabilities Amendments Act of 2008.  More information regarding the press conference can be viewed on the Web site of Senator Orrin Hatch (UT).

Thank you to all the CHADD members and supporters who contacted their senators urging them to pass this important piece of civil rights legislation for individuals with AD/HD and other disabilities. It is expected that the House of Representatives will vote on the Senate version of the bill early next week.

We are now one step closer to this important piece of civil rights legislation being signed into law by President George W. Bush by the end of September.

The press release from the Leadership Council on Civil Rights, quoting CHADD’s CEO Clarke Ross, can be viewed here.

Posted September 15, 2008

Senate Holds Hearing on ADA Amendments Act

The Senate’s Health, Labor, Education and Pensions Committee held a hearing titled Determining the Proper Scope of Coverage for the Americans with Disabilities Act on July 16, 2008. The hearing was chaired by Senator Tom Harkin of Iowa. The committee heard testimony from:

• Chai Feldblum, Professor, Federal Legislation Clinic, Georgetown University Law Center
• Carey McClure, Citizen
• Samuel R. Bagenstos, Professor of Law, Washington University School of Law
• Jo Anne Simon, Esq., The Law Office of Jo Anne Simon, Brooklyn, NY
• Michael Eastman, Employment Policy Director, U.S. Chamber of Commerce
• Sue Gamm, Primary Consultant, Public Consulting Group, Chicago, IL
• Terry W. Hartle, Senior Vice President, American Council on Education
• Andrew Grossman, Senior Legal Policy Analyst, Heritage Foundation

The main issues discussed among participants who testified were whether to define the term “materially restricts” as it relates to disability, whether the Act should include “broad construction language,” and the impact of the Act on K-12 and postsecondary education. AD/HD was mentioned only once during the course of the hearing, when one of the witnesses stated “look at what is a disability...it is medical and physical impairment, health impairment, if you will, and you look at the school situation…huge numbers of kids now that are somewhere, somehow getting diagnoses of AD/HD or allergies, I have now heard of peanut-only schools, I mean peanut-less schools…for dealing with the peanut allergy, for example, diabetes, obesity, the numbers are just growing.” CHADD responded to this testimony by providing the witness with information regarding AD/HD available from the National Resource Center on AD/HD. The webcast of the hearing can be viewed here.

Posted July 18, 2008

ADA Amendments Act

CHADD sent a letter to Representative Nancy Pelosi, Speaker of the House, which can be viewed here (PDF). CHADD also signed on as a supporter of the letter (PDF) sent by the National Health Council.

“The Employer and Disability Alliance” has created a public Web site with current information and documents that been developed during the course of the negotiations between the disability and business communities, the Web site can be viewed here.

For a history regarding the actions taken by Congress to amend the bill, please visit the CHADD Public Policy Archives.  

Posted July 2, 2008

Department of Justice Proposed ADA Regulations

In other ADA related news, CHADD signed on to a letter (PDF) written by the Consortium of Citizens with Disabilities to request that the U.S. Department of Justice extend the comment period from 60 days to 120 days on the proposed Title II and Title III ADA Regulations. Public comments on the proposed regulations must be submitted by August 18, 2008. The proposed regulations can be viewed here.

Posted July 2, 2008

House Passes ADA Amendments Act

On June 25, 2008, the U.S. House of Representatives passed the Americans with Disabilities Amendments Act of 2008 with a vote of 402-17.  More information regarding the press conference and statements made on the floor prior to the vote can be viewed on the Web site of Representative Steny Hoyer (Maryland, 5th District). The text of the ADA Amendments Act can be read here (PDF).  Thank you to all the CHADD members and supporters who contacted their representatives urging them to pass this important piece of civil rights legislation for individuals with AD/HD and other disabilities.

Posted June 26, 2008

Tuesday, June 24, 2008 is NATIONAL CALL-IN DAY for the ADA Amendments Act

Last week, the House Judiciary and Education and Labor Committees overwhelmingly passed the ADA Amendments Act of 2008 (formerly known as the ADA Restoration Act). Although not confirmed, the bill could reach the U.S. of House of Representatives floor for a vote this Wednesday, June 25, 2008, so it's important if you have not taken action to do so now. The goal of the disability and business communities is to have the ADA Amendments Act passed by the entire U.S. House of Representatives with no amendments.

Please call your representative today, Tuesday, June 24, with the following message:
"I am calling to express my strong support for the ADA Amendments Act of 2008 . This bill would protect people like and is supported by the disability and business communities. I urge you to vote in favor of the bill without any amendments."

You can call the Capitol switchboard at 202-224-3121 and ask for the office of your Representative. You can also call the direct line for your Representative, available on his or her Web site through www.house.gov.

Posted June 24, 2008

House Committees Report ADA Amendments

On June 18, 2008, the House of Representatives Judiciary Committee passed with a vote of 27 to 0, HR 3195, the ADA Restoration Act as reintroduced by former Judiciary Committee Chairman Jim Sensenbrenner (R-Wis), and Majority Leader Steny Hoyer (D-MD) as the ADA Amendments Act of 2008 . The House of Representatives Education and Labor Committee also passed the bill with a vote of 43 to 1. More information is available here.

Posted June 19, 2008

ADA Restoration Act Scheduled for Mark-Up by House

The ADA Restoration Act is scheduled for mark-up by the House of Representatives Education and Labor Committee and Judiciary Committee this coming Wednesday, June 18, 2008, at 10 AM.

In the last few weeks, the disability community has worked hard to negotiate a compromise with the business community to support a modified version of the ADA Restoration Act.  Strong support has been shown for the ADA Restoration Act by more than fifty national organizations including CHADD and sixty state and local disability organizations.  The organizations showing support for the bill not only approve of the revised bill but have also agreed to defend the bill against attempts by members of Congress to amend the language unless both the disability and business communities agree to the proposed changes.

According to the American Association of Persons with Disabilities, it appears that the bill will receive strong bipartisan support, but more help is needed.  CHADD members are strongly encouraged to contact their representatives in both the House and the Senate to urge them to support the ADA Restoration Act to ensure that persons with AD/HD do not experience discrimination by employers, state and local government services, or places of public accommodation, including movie theaters and restaurants.

You can call the Capitol switchboard at 202-224-3121 and ask for the office of your Representative. You can also call the direct line for your Representative, available on his or her Web site through www.thomas.gov or www.house.gov.

We will post a copy of the final proposed language of the act when it is available.

Posted June 13, 2008