[Congressional Record Volume 154, Number 112 (Wednesday, July 9, 2008)]
[Extensions of Remarks]
[Page E1414]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       ADA AMENDMENTS ACT OF 2008

                                 ______
                                 

                               speech of

                             HON. PHIL HARE

                              of illinois

                    in the house of representatives

                        Wednesday, June 25, 2008

  Mr. HARE. Madam Speaker, I rise today in strong support of H.R. 3195, 
the ADA Amendments Act of 2008. I am very pleased that the House is 
considering this important legislation, and I urge our friends in the 
Senate to swiftly take action on it as well.
  As it stands now, the Americans with Disabilities Act (ADA) leaves 
too many Americans at an unfair disadvantage. Many workers who suffer 
from debilitating diseases such as epilepsy or cancer are being 
discriminated against in the workplace but are denied redress by the 
courts. No one should be denied employment or be fired from his or her 
job because of a disability, but the Supreme Court has on multiple 
occasions interpreted the law in a way that opens the door to this 
possibility. In fact, plaintiffs lost 97 percent of ADA employment 
discrimination claims in 2004 alone, often due to the interpretation of 
the definition of ``disability.''
  The starkest demonstration of this problem is found in Toyota Motor 
Manufacturing v. Williams, which the Supreme Court considered in 2002. 
The majority decision in this case held that the ADA's language 
regarding the extent of disability must be strictly interpreted so that 
legal protections from discrimination would apply only to those whose 
disabilities are long-term or permanent, and substantially limit their 
ability to perform routine tasks.
  This was not the intent of the ADA. Congress passed the Americans 
with Disabilities Act in 1990 to clearly and comprehensively eliminate 
discrimination against all individuals with disabilities. Since that 
time, the ADA has transformed our Nation, helping millions of Americans 
with disabilities succeed in the workplace, and making transportation, 
housing, buildings, and services more accessible to individuals with 
disabilities.
  The bill we are considering today restores the original intent of 
Congress by rejecting the Supreme Court decisions that have reduced 
protections for people with disabilities. Additionally, the legislation 
clarifies the definition of ``disability'' to include what it means to 
be ``substantially limited in a major life activity.'' The legislation 
also prohibits the consideration of mitigating measures such as 
medication, prosthetics, and assistive technology in determining 
whether an individual has a disability, and provides coverage to people 
who experience discrimination based on a perception of impairment 
regardless of whether the individual does in fact have a disability.
  The most important factor for a court to weigh in on a discrimination 
case should be the allegation itself--not the extent or nature of a 
worker's disability. This is not what every day Americans stand for, 
and this is not what Congress meant when the law was originally 
enacted.
  By more clearly defining the term ``disabled,'' we will be able to 
free up the courts in the future to focus on alleged acts of 
discrimination and better protect the American workers for whom this 
law was enacted.
  I urge my colleagues to join the broad coalition of civil rights 
groups, disability advocates, and employer trade organizations who 
support this bill and vote with me to stop discrimination against 
individuals with disabilities by restoring the original intent of the 
Americans with Disabilities Act.

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