ADA Reform

Americans with Disabilities Act Expansion Poised for Debate in 2008

You may have heard some fellow HR professionals refer to the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and Workers’ Compensation laws as the “Bermuda Triangle of HR” due to the complexity and interconnection of each of the statutes. As you are aware, Congress has already expressed interest in making changes to the FMLA. Now, Congress is poised to consider reforms to another one of these laws -- the ADA.

The ADA was signed into law by President George H.W. Bush in 1990 and is intended to prohibit employment discrimination against people with disabilities. The law defines “disability” as “a physical or mental impairment that substantially limits one or more of the major life activities of such individual.” Under the ADA, employers are required to make a reasonable effort to provide appropriate accommodations to employees who have known disabilities.

The proposed ADA Restoration Act, sponsored by House Majority Leader Steny Hoyer (D-MD), would simplify the definition of “disability” to mean “a mental or physical impairment.” Such a definition would result in the ADA covering more Americans, and thus, requiring employers to provide accommodations to more employees.

Proponents of the legislation argue that decisions by the U.S. Supreme Court have gradually chipped away at the protections of the ADA since its enactment. In particular, disability advocates have criticized the high court’s ruling in Toyota Motor Manufacturing Kentucky Inc. v. Williams in 2001 that held an employee with carpal tunnel was not disabled under the ADA because the employee was not substantially limited in a major life activity.

Representative Hoyer's bill has gained substantial support in Congress.

SHRM and other associations have urged Congress to take a prudent approach to any changes in the ADA. The letter cautions that changing the definition of “disability” might negatively impact the very individuals it purports to help. For example, by expanding the meaning of “disability,” the ADA may cover individuals with extremely minor impairments and consequently dilute an employer’s ability to provide appropriate accommodations to persons with more serious disabilities.

Please stay tuned for further updates on the ADA bill in January 2008. For further information on the legislation, please contact SHRM Manager of Labor and Employment Legislation Michael Layman.