ADA Expansion

SHRM Seeks Alternative to "ADA Restoration Act"

In recent days, SHRM has come under attack from some non-profit organizations, such as the Epilepsy Foundation, for opposing a bill that would greatly expand and confuse ADA coverage.  SHRM is concerned that the proposed legislation could adversely affect many individuals whom the ADA was intended to help.

SHRM staunchly supports the ADA's important protections, and believes that it is appropriate and necessary for Congress to re-examine the ADA to determine what changes may be needed to restore the full intent of the law. 

However, "The ADA Restoration Act" (H.R. 3195 and S. 1881), as currently drafted, would create more confusion and inequities.  Specifically, SHRM has two major concerns about this specific legislation:

1. By changing the current definition of "disability" from "a physical or mental impairment that substantially limits one or more major life activities" to "a mental or physical impairment," the bill would expand ADA protections to individuals who have minor, even brief impairments.  Workplace accommodations would need to be provided for employees who have temporary impairments, such as headaches, skin irritations or a sprained ankle.  Not only was this never the intent of the ADA, but it will have the very real, practical effect of diluting the resources available to those employees with disabilities, who truly need and deserve accommodations.
2. The proposed bill would shift the burden of proof in ADA discrimination cases from the employee to the employer.  This is an unprecedented change to U.S. employment law.  Under the ADA, an employee must demonstrate that he or she is qualified to perform the essential functions of a job with or without a reasonable accommodation.  Instead, the bill would force employers to prove that a disability discrimination plaintiff is not qualified for a particular position.  SHRM believes this could hinder rather than help current efforts to employ more persons with disabilities and to provide needed accommodations.

SHRM remains committed to exploring ways to correct inequities in the ADA.  We are continuing to seek a solution that will be faithful to the Act's original intent and fair to employees and employers alike.