1.This Act may be cited as
the Americans with Disabilities Act
Restoration Act of 2007
.
2.
(a)Congress
finds that—
(1)in enacting the
Americans with Disabilities Act of 1990, Congress intended that the Act
establish a clear and comprehensive prohibition of discrimination on the
basis of disability
, and provide broad coverage and vigorous and
effective remedies without unnecessary and obstructive defenses;
(2)decisions and
opinions of the Supreme Court have unduly narrowed the broad scope of
protection afforded by the Americans with Disabilities Act of 1990, eliminating
protection for a broad range of individuals whom Congress intended to
protect;
(3)in enacting the
Americans with Disabilities Act of 1990, Congress recognized that physical and
mental impairments are natural parts of the human experience that in no way
diminish a person’s right to fully participate in all aspects of society, but
Congress also recognized that people with physical or mental impairments having
the talent, skills, abilities, and desire to participate in society are
frequently precluded from doing so because of prejudice, antiquated attitudes,
or the failure to remove societal and institutional barriers;
(4)(A)Congress modeled the
Americans with Disabilities Act of 1990 definition of disability on that of
section 504 of the Rehabilitation Act of 1973 (referred to in this section as
section 504
), which had, prior to the date of enactment of the
Americans with Disabilities Act of 1990, been construed broadly to encompass
both actual and perceived limitations, and limitations imposed by society;
and
(B)the broad conception of the definition
contained in section 504 had been underscored by the Supreme Court’s statement
in its decision in School Board of Nassau County v. Arline, 480 U.S. 273
(1987), that the definition acknowledged that society’s myths and fears
about disability and disease are as handicapping as are the physical
limitations that flow from actual impairment
;
(5)in adopting, in
the Americans with Disabilities Act of 1990, the concept of disability
expressed in section 504, Congress understood that adverse action based on a
person’s physical or mental impairment is often unrelated to the limitations
caused by the impairment itself;
(6)instead of
following congressional expectations that the term disability
would be interpreted broadly in the Americans with Disabilities Act of 1990,
the Supreme Court has ruled, in Toyota Motor Manufacturing, Kentucky, Inc. v.
Williams, 534 U.S. 184 (2002), that the elements of the definition need
to be interpreted strictly to create a demanding standard for qualifying as
disabled
and, consistent with that view, has narrowed the application
of the definition in various ways; and
(7)contrary to
explicit congressional intent expressed in the committee reports for the
Americans with Disabilities Act of 1990, the Supreme Court has eliminated from
the Act’s coverage individuals who have mitigated the effects of their
impairments through the use of such measures as medication and assistive
devices.
(b)The
purposes of this Act are—
(1)to effect the
Americans with Disabilities Act of 1990’s objectives of providing a
clear and comprehensive national mandate for the elimination of
discrimination
and clear, strong, consistent, enforceable
standards addressing discrimination
by restoring the broad scope of
protection available under the Americans with Disabilities Act of 1990;
(2)to respond to
certain decisions of the Supreme Court, including Sutton v. United Air Lines,
Inc., 527 U.S. 471 (1999), Murphy v. United Parcel Service, Inc., 527 U.S. 516
(1999), Albertson’s, Inc. v. Kirkingburg, 527 U.S. 555 (1999), and Toyota Motor
Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), that have
narrowed the class of people who can invoke the protection from discrimination
that the Americans with Disabilities Act of 1990 provides; and
(3)to reinstate the
original congressional intent regarding the definition of disability in the
Americans with Disabilities Act of 1990 by clarifying that the protection of
that Act is available for all individuals who are—
(A)subjected to
adverse treatment based on an actual or perceived impairment, or a record of
impairment; or
(B)adversely
affected—
(i)by
prejudiced attitudes, such as myths, fears, ignorance, or stereotypes
concerning disability or particular disabilities; or
(ii)by
the failure to remove societal and institutional barriers, including
communication, transportation, and architectural barriers, or the failure to
provide reasonable modifications to policies, practices, and procedures,
reasonable accommodations, and auxiliary aids and services.
3.Findings in
Americans with Disabilities Act of 1990Section 2(a) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101(a)) is amended—
(1)by striking
paragraph (1) and inserting the following:
(1)(A)physical and mental
disabilities are natural parts of the human experience that in no way diminish
a person’s right to fully participate in all aspects of society; and
(B)(i)people with physical or
mental disabilities having the talent, skills, abilities, and desire to
participate in society are frequently precluded from doing so because of
discrimination; and
(ii)other people who have a record of a
disability or are regarded as having a disability have also been subjected to
discrimination;
; and
(2)by striking
paragraph (7) and inserting the following:
(7)(A)individuals with
disabilities have been subjected to a history of purposeful unequal treatment,
have had restrictions and limitations imposed upon them because of their
disabilities, and have been relegated to positions of political powerlessness
in society; and
(B)classifications and selection criteria
that exclude individuals with disabilities should be strongly disfavored,
subjected to skeptical and meticulous examination, and permitted only for
highly compelling reasons, and never on the basis of prejudice, myths,
irrational fears, ignorance, or stereotypes about
disability;
.
4.Section 3 of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12102) is amended—
(1)by striking
paragraph (2) and inserting the following:
(2)
(A)The term disability means—
(i)a
physical or mental impairment;
(ii)a record of a
physical or mental impairment; or
(iii)being regarded
as having a physical or mental impairment.
(B)
(i)Determination
of impairmentThe determination of whether an individual has a
physical or mental impairment shall be made without regard to—
(I)whether the
individual uses a mitigating measure;
(II)the impact of
any mitigating measures the individual may or may not be using;
(III)whether any
manifestation of the impairment is episodic; or
(IV)whether the
impairment is in remission or latent.
(ii)The term mitigating measure means any
treatment, medication, device, or other measure used to eliminate, mitigate, or
compensate for the effect of an impairment, and includes prescription and other
medications, personal aids and devices (including assistive technology devices
and services), reasonable accommodations, and auxiliary aids and
services.
;
and
(2)by redesignating
paragraph (3) as paragraph (7) and inserting after paragraph (2) the
following:
(3)The term mental, used with respect to an
impairment, means any mental or psychological disorder such as mental
retardation, organic brain syndrome, emotional or mental illness, or specific
learning disability.
(4)The term physical, used with respect to
an impairment, means any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting 1 or more of the following body
systems:
(A)Neurological.
(B)Musculoskeletal.
(C)Special sense
organs.
(D)Respiratory,
including speech organs.
(E)Cardiovascular.
(F)Reproductive.
(G)Digestive.
(H)Genitourinary.
(I)Hemic and
lymphatic.
(J)Skin.
(K)Endocrine.
(5)Record of a
physical or mental impairmentThe term record of a physical
or mental impairment means a history of, or a misclassification as
having, a physical or mental impairment.
(6)Regarded as
having a physical or mental impairmentThe term regarded as
having a physical or mental impairment means perceived or treated as
having a physical or mental impairment, whether or not the individual involved
has an
impairment.
.
5.The Americans with
Disabilities Act of 1990 is amended by inserting after section 3 (42 U.S.C.
12102) the following:
4.An adverse action taken
by an entity covered under this Act against an individual because of that
individual’s use of a mitigating measure or because of a side effect or other
consequence of the use of such a measure shall constitute discrimination under
this
Act.
.
6.Discrimination
on the basis of disabilitySection 102 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12112) is amended—
(1)in subsection
(a), by striking against a qualified individual with a disability
because of the disability of such individual
and inserting
against an individual on the basis of disability
; and
(2)in subsection
(b), in the matter preceding paragraph (1), by striking the term
discriminate and inserting discriminate against an
individual on the basis of disability.
7.Section 103(a) of
the Americans with Disabilities Act of 1990 (42 U.S.C. 2113(a)) is amended by
striking that an alleged
and
inserting
that—(1)the individual alleging discrimination
under this title is not a qualified individual with a disability; or
(2)an
alleged
.
8.Section 501 of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12201) is amended by
adding at the end the following:
(e)In order to ensure that this Act achieves the
purpose of providing a comprehensive prohibition of discrimination on the basis
of disability and to advance the remedial purpose of this Act, the provisions
of this Act shall be broadly construed.
(f)
(1)Not later than 180 days after the date of enactment of
the Americans with Disabilities Act Restoration Act of 2007—
(A)the Attorney
General, the Equal Employment Opportunity Commission, and the Secretary of
Transportation shall issue regulations described in sections 106, 204, 223,
229, 244, and 306, as appropriate, including regulations that implement
sections 3 and 4, to carry out the corresponding provisions of this Act, as
this Act is amended by the Americans with Disabilities Act Restoration Act of
2007; and
(B)the Architectural
and Transportation Barriers Compliance Board shall issue supplementary
guidelines described in section 504, to supplement the existing Minimum
Guidelines and Requirements for Accessible Design for purposes of titles II and
III of this Act, as this Act is amended by the Americans with Disabilities Act
Restoration Act of 2007.
(2)Nothing
in this subsection shall be construed to limit the authority of an officer or
agency described in paragraph (1) to issue regulations or guidelines under any
other provision of this Act, other than this subsection.
(g)Deference to
regulations and guidanceDuly issued Federal regulations and
guidance for the implementation of the Americans with Disabilities Act of 1990,
including provisions implementing and interpreting the definition of
disability, shall be entitled to deference by administrative agencies or
officers, and courts, deciding an issue in any action brought under this
Act.
.