The ADA Amendments Act of 2008, passed by the House on June 25, 2008 by a vote of 402-17:

• Specifically rejects the erroneous Supreme Court decisions that have reduced the protections for people with disabilities under the ADA, restoring original Congressional intent.
• Makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability.
• Clarifies the definition of disability, including what it means to be “substantially limited in a major life activity.”
• Prohibits the consideration of mitigating measures such as medication, prosthetics, and assistive technology, in determining whether an individual has a disability.
• Provides coverage to people who experience discrimination based on a perception of impairment regardless of whether the individual experiences disability.
• Is supported by a broad coalition of civil rights groups, disability advocates, and employer trade organizations.
   

Background

The Americans with Disabilities Act of 1990 was intended to “provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” The ADA has transformed our nation since its enactment, helping millions of Americans with disabilities succeed in the workplace, and making transportation, housing, buildings, services and other elements of daily life more accessible to individuals with disabilities.

Just as other civil rights laws prohibit employers from basing decisions on characteristics like race or sex, Congress wanted the ADA to stop employers from making decisions based on disability.

Unfortunately, since 1999, several U.S. Supreme Court decisions have narrowed the definition of disability so much that people with serious conditions such as epilepsy, muscular dystrophy, cancer, diabetes, and cerebral palsy have been determined to not have impairments that meet the definition of disability under the ADA.

The result: In 2004, plaintiffs lost 97% of ADA employment discrimination claims, often due to the interpretation of definition of disability. People who are not hired or are fired because an employer mistakenly believes they cannot perform the job – or because the employer does not want “people like that” in the workplace – have been denied protection from employment discrimination due to these court decisions. This was not the intent of the ADA.

The Committee held a hearing on the ADA and H.R. 3195 in January 2008.
 

Support for H.R. 3195

NATIONAL:

American Association of People with Disabilities (AAPD)
AARP
AARP Foundation
ADA Watch/National Coalition for Disability Rights
American Council of the Blind
American Diabetes Association
American Foundation for the Blind
American Network of Community Options and Resources
American Psychological Association
APSE: The Network on Employment
Association of Assistive Technology Act Programs (ATAP)
Association of Programs for Rural Independent Living (APRIL)
Association of University Centers on Disabilities (AUCD)
Autism Society of America
Bazelon Center for Mental Health Law
Brain Injury Association of America
Care4Dystonia, Inc.
Children and Adults with Attention-Deficit/Hyperactivity Disorder
Council for Learning Disabilities
Council of State Administrators of Vocational Rehabilitation (CSAVR)
Division on Developmental Disabilities
Easter Seals
Epilepsy Foundation
Hearing Loss Association of America
HR Policy Association
International Franchise Association
Leadership Conference on Civil Rights
Learning Disabilities of the Council for Exceptional Children
Mental Health America!
National Alliance on Mental Illness (NAMI)
National Association of Community Health Charities
National Association of Councils on Developmental Disabilities
National Association of the Deaf
National Association of Governors’ Committees on People with Disabilities (NAGC)
National Association of Law Students with Disabilities
National Association of Manufacturers
National Association of State Head Injury Administrators
National Center for Environmental Health Strategies, Inc.
National Coalition of Mental Health Consumer Survivor Organizations
National Council for Community Behavioral Healthcare
National Council for Support of Disability Issues
National Council on Independent Living (NCIL)
National Disability Rights Network (NDRN)
National Down Syndrome Congress
National Down Syndrome Society
National Health Council
National Multiple Sclerosis Society
National Organization on Fetal Alcohol Syndrome (NOFAS)
National Rehabilitation Association
National Respite Coalition
National Restaurant Association
National Spinal Cord Injury Association
National Vocational Evaluation and Career Assessment Professionals (VECAP)
National Youth Leadership Network
Paralyzed Veterans of America
Self Advocates Becoming Empowered
Society for Human Resource Management
TASH
The Arc of the United States
United Cerebral Palsy
U.S Chamber of Commerce
US Psychiatric Rehabilitation Association
United Spinal Association
United Synagogue of Conservative Judaism

STATE & LOCAL:

Alabama:
Wings Across Alabama

Alaska:
Access Alaska

California:
California Association of Social Rehabilitation Agencies
California Democratic Party Executive Board

Connecticut:
Connecticut Disability Advocacy Collaborative

District of Columbia:
The Washington Legal Clinic for the Homeless

Florida:
ADA Help, Inc.
Disability Assistance
Family Network on Disabilities of Florida, Inc.

Hawaii:
Disability and Communication Access Board

Idaho:
Living Independence Network Corporation (LINC)

Illinois:
Anixter Center
Chronic Fatigue Syndrome, Fibromyalgia & Chemical Sensitivity Coalition
The Law Offices of Linda Mastandrea

Indiana:
The Indianapolis Resource Center for Independent Living

Kansas:
Kansas Commission on Disability Concerns
Southeast Kansas Independent Living Resource Center, Inc. (SKIL)

Kentucky:
Center for Accessible Living
Kentucky Disabilities Coalition

Maryland:
Baltimoreans Against disAbility Discrimination
Chemical Sensitivity Disorders Association
The Freedom Center

Massachusetts:
Adaptive Environments

Michigan:
Community Living Network
Community Residence Corporation
IDEAAS: Information on Disability for Empowerment, Advocacy, and Support
Michigan Alliance of State Employees with Disabilities (MichiganASED)
Michigan Chapter of Paralyzed Veterans

Minnesota:
American Council of the Blind of Minnesota (ACBM)
Freedom Resource Center for Independent Living

Mississippi:
Mississippi Coalition for Citizens with Disabilities
Parents United Together

Nebraska:
ADAPT Nebraska
Nebraska Statewide Independent Living Council
The Arc of Nebraska

New Hampshire:
Disabilities Rights Center

New Jersey:
Coleman Global Telecommunications, LLC

New York:
A.D.A. Committee of NY State
advocates for better communication/a.b.c.
Anti-Discrimination Policy & Action Center, Inc.
Association for the Hearing Impaired, Inc
Brooklyn Center for Independence of the Disabled
Center for Independence of the Disabled of New York
Deaf Adult Services of Western New York
Independence Care System of New York City
New York State Independent Living Council (NYSILC)
New York Association of Psychiatric Rehabilitation Services
Self-Advocacy Association of New York State, Inc.
Southern Tier Independence Center

North Dakota:
Freedom Resource Center for Independent Living

Ohio:
Access Center for Independent Living
AXIS Center for Public Awareness of People with Disabilities
Cerebral Palsy Association of Ohio
MOBILE Center for Independent Living
The Ability Center of Greater Toledo
The Arc of Cuyahoga County
Tuscarawas County Peer Support Group

Oregon:
Advocacy Coalition of Seniors and People with Disabilities
Oregon State Independent Living Council

Pennsylvania:
Acquired Brain Injury Network of Pennsylvania
Pennsylvania Mental Health Consumers' Association

Rhode Island:
Mental Health Consumer Advocates of Rhode Island

Texas:
Center For People With Disabilities

Utah:
Utah Council of the Blind
ADAPT / Utah
Disabled Rights Action Committee

Virginia:
DAC (disabled Action committee)
W. C. Duke Associates, Inc.

Wisconsin:
IndependenceFirst
The Arc-Dane County
Wisconsin Governor's Committee for People with Disabilities

INTERNATIONAL:

International Ventilator Users Network
Post-Polio Health International
The International Post Polio Support Organization
The International Post-Polio Task Force

VIRTUAL:

The Virtual Center For People With Disabilities
People Who