July 2008 Washington, D.C., Insider

On June 23, the U.S. House of Representatives approved legislation that would amend the ADA to address several Supreme Court decisions. These decisions were interpreted to limit the definition of “disability” under the ADA, and therefore, the scope of the law’s protections.  The legislation, the “ADA Amendments Act,” reflects a compromise reached by SHRM, employer organizations and disability advocacy groups on the “ADA Restoration Act” to address these court cases.

SHRM firmly supports the negotiated ADA Amendments Act because it strikes an appropriate balance between the needs of individuals with disabilities and the obligations of employers under the ADA.  Among the most important aspects of the new proposal include the following:

• Broader coverage under the ADA – The proposal clarifies that Congress intended the ADA’s coverage to be broad, to cover anyone who faces unfair discrimination because of a disability.

• Retains current definition of disability – The proposal retains the requirement that an individual’s impairment “substantially limits a major life activity” in order to be considered a disability and an individual must demonstrate that he or she is qualified for the job.

• Expands the Definition of Regarded As – The bill provides that an individual is “regarded as” having a disability if the employee establishes that he/she has been discriminated against because of an actual or perceived physical or mental impairment. However, the “regarded as” prong would not apply to transitory and minor impairments where the impairment is expected to last less than six months. The legislation also makes clear that employers will not be required to provide a reasonable accommodation to individuals that are regarded as disabled.

• Excludes consideration of mitigating measures – The proposal would effectively overrule several court decisions (including the Supreme Court holding in Sutton v United Air Lines, Inc.) to provide that people with disabilities not lose their coverage under the ADA simply because their condition is treatable with medication or can be addressed with the help of assistive technology.

• Retains Burden of Proof for Qualification Purposes – The bill retains the current law standard that the burden of proof for showing that an individual is a qualified employee with a disability will remain with the employee.

The ADA Amendments Act will now be considered by the U.S. Senate. Members of the Senate Health, Education, Labor and Pensions Committee will hold a roundtable meeting on Tuesday, July 15 to determine the proper scope of coverage for the ADA.

July 2008 State Insider

On July 2, Louisiana Governor Bobby Jindal (R) signed into law Senate Bill 51 (Act 684), a law that prohibits most Louisiana employers from restricting concealed permit-holders from storing a firearm in their vehicle on company property. The new law, which becomes effective on August 15, does not apply to Louisiana workplaces where possession of a firearm currently is restricted by state or Federal law.

Louisiana’s new law is the latest in a series of proposals that have been considered in state legislatures this year. These proposals are designed to restrict employers’ ability to decide and enforce their own workplace policies regarding weapons on company property. Earlier this year, Georgia and Florida enacted similar laws that became effective on July 1. Currently, eight states have approved these types of restrictions on employers.

Throughout the debate over weapons in workplace, SHRM’s position has been that employers should maintain their right to determine which policies are appropriate for their work site, type of business, and company property. SHRM has never taken a position – for or against – gun controls or gun ownership.

At a time when America is fighting two wars, facing $4 per gallon gas prices at the pumps, and grappling with such important issues as health care, retirement security, and increasing federal deficits – HR professionals and the people they work with cannot afford to stay home during this election! SHRM has taken the step to educate its members by launching a new nonpartisan website in June called Get Out The Vote (GOTV), which is dedicated to providing a broad range of election-related information for HR professionals interested in participating in the electoral process.

The GOTV campaign is a part of SHRM’s continuing effort to be a recognized leader in workplace public policy. The new GOTV website offers information on a variety of subjects including: organizing workplace Get Out the Vote campaigns, Congressional and Gubernatorial races, updates on important ballot initiatives at the state level, deadlines for state voting registrations and the latest polling data.  Other features to be included are webcasts, live blogging from the Republican and Democratic National Conventions and a candidate questionnaire. 

This is a historical election on several fronts. For the first time in over half a century there will be no sitting President or Vice President running for the Oval office. This year will also see a current US Senator elected to the Presidency, which hasn’t happened in 48 years. Moreover, this will be the first time that an African American is the Presidential nominee for a major party. Additionally, the control of Congress hangs in the balance. The results of this election could have a major impact on the way HR professionals do their day-to-day jobs for 2009 and beyond.

As an HR professional, you have the opportunity to have your voice heard at the ballot box. There is no better time to make your vote count!

Get informed and get involved by visiting http://www.shrm.org/advocacy/GOTV/.