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In a move that could have far-reaching implications for businesses, Congress is considering the most sweeping changes to the Americans with Disabilities Act (ADA) since the employment law went into effect in 1990.
A recently introduced bill would radically expand the number of persons and conditions covered by ADA by changing the definition of “disabled” to include temporary or correctable conditions such as poor eyesight. The bill—the ADA Restoration Act of 2007—would also do away with the current ADA requirement that an impairment must “substantially limit one or more major life activities” to be considered a disability. Virtually the entire U.S. working population could be covered by the law under the proposed changes.
“The Chamber will actively oppose these radical changes because they would not address the needs of those who are deserving of ADA’s protections but, instead, divert significant compliance and enforcement resources to ‘gotcha’ lawsuits that already overwhelm enforcement agencies and the courts,” says U.S. Chamber Executive Vice President of Government Affairs Bruce Josten.
In 2006, the Equal Employment Opportunity Commission found that of the 15,575 charges filed under ADA, there was reasonable cause to believe discrimination occurred in only 5.6% of the cases.
Any changes to the definition would also affect other portions of ADA law, including Title III public access provisions. Title III calls on virtually every business serving the public—regardless of size or number of employees—to make their facilities accessible to people with disabilities.
In addition, the Department of Justice is already planning to implement revised accessibility guidelines. “Expanding the class of people who can assert a claim for accessibility will subject businesses and other facility operators to greater confusion and litigation,” Josten says.
Go to the Chamber website to comment on this article.
To contact the U.S. Chamber of Commerce
U.S. Chamber of Commerce
1615 H Street, NW
Washington, DC 20062-2000
Main Number: 202-659-6000
To contact the Alaska Chapter visit their website.
DISCRIMINATION WATCH
"No dog, no dog," shouted the driver and another worker when District resident Joe Orozco and his guide dog tried to board a Todays Bus from Washington to New York. Orozco protested that the company is required by law to accommodate service animals, but the workers continued to block his entry and laughed, he says, when he threatened to call police. Once he called police, the workers said he could ride if the dog was put in the bottom of the bus with the luggage. They relented after police came.
When Orozco tried to board the return bus the next day, a Todays Bus employee in New York yanked his ticket away and tried to return his money, he says.
The bus pulled away. After Orozco called police, workers said he could take the next bus but ordered him to sit in the back. He complied, but he is filing a complaint with the Justice Department, which enforces the Americans With Disabilities Act (ADA). Todays Bus did not respond to four telephone messages left for the manager and owner.
The ADA guarantees interstate service to disabled passengers; that includes providing access, with advance notice, to people in wheelchairs. But many of the companies that pick up passengers curbside -- the so-called "Chinatown buses" -- simply ignore the law. In 2004, regulators checked 14 companies that operate between Washington and New York, and cited 11 of them for violating the ADA. The Justice Department launched an investigation in October 2004. "We continue to work on it," spokeswoman Cynthia Magnuson said last week.
Gathering evidence seems quick and easy to CoGo, who recently called Todays to ask about wheelchair access. The man who answered refused to give his name, but his answer was clear: "No wheelchair."
To register a complaint, call the Justice Department, 800-514- 0301.
Source: The Washington Post
