Americans with Disabilities Act Amendments Act of 2008

Americans with Disabilities Act Amendments Act of 2008 was a significant piece of legislation signed into law by President George W. Bush on September 25, 2008, with the aim of restoring the original intent of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973. The law was a result of collaborative efforts between Senator Tom Harkin, Representative Steny Hoyer, and various disability rights organizations, including the National Organization on Disability and the Disability Rights Education and Defense Fund. The amendments were designed to address the narrowing of the definition of disability by the Supreme Court of the United States in cases such as Sutton v. United Air Lines and Toyota Motor Manufacturing v. Williams. This legislation was also influenced by the work of Judith Heumann, a renowned disability rights activist, and Justin Dart, a key figure in the development of the Americans with Disabilities Act of 1990.

Introduction

The Americans with Disabilities Act Amendments Act of 2008 was introduced to Congress by Senator Tom Harkin and Representative Steny Hoyer in 2007, with the goal of expanding the definition of disability and providing greater protections for individuals with disabilities. The bill was supported by a wide range of organizations, including the American Association of People with Disabilities, the National Council on Disability, and the Disability Rights Education and Defense Fund. The legislation was also influenced by the work of disability rights activists such as Frank Lanterman, Ed Roberts, and Judy Heumann, who played a crucial role in the development of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. Additionally, the World Institute on Disability and the National Organization on Disability provided significant input and support for the legislation.

Legislative History

The Americans with Disabilities Act Amendments Act of 2008 was passed by the United States House of Representatives on June 25, 2008, with a vote of 402-17, and by the United States Senate on September 11, 2008, with a vote of 89-6. The bill was signed into law by President George W. Bush on September 25, 2008, and went into effect on January 1, 2009. The legislative process was influenced by the work of various committees, including the House Committee on Education and Labor and the Senate Committee on Health, Education, Labor, and Pensions, which were chaired by Representative George Miller and Senator Edward Kennedy, respectively. The National Federation of the Blind and the American Foundation for the Blind also played a significant role in shaping the legislation.

Key Provisions

The Americans with Disabilities Act Amendments Act of 2008 made several key changes to the definition of disability, including expanding the definition of "major life activities" to include activities such as eating, sleeping, and concentrating. The law also prohibited the consideration of mitigating measures, such as medication or assistive devices, when determining whether an individual has a disability. Additionally, the law provided that an individual's disability should be evaluated without regard to the effects of mitigating measures, as established in cases such as Murphy v. United Parcel Service. The legislation was influenced by the work of experts such as Dr. Stephen Kaye and Dr. Lisa Iezzoni, who have written extensively on disability and health policy. The National Institute on Disability, Independent Living, and Rehabilitation Research and the Centers for Disease Control and Prevention also provided critical input on the provisions of the law.

Impact and Implementation

The Americans with Disabilities Act Amendments Act of 2008 has had a significant impact on the lives of individuals with disabilities, providing greater protections and opportunities for employment, education, and access to public accommodations. The law has been implemented by various federal agencies, including the Equal Employment Opportunity Commission, the Department of Justice, and the Department of Education, which have issued regulations and guidance on the implementation of the law. The National Disability Rights Network and the Disability Rights Education and Defense Fund have played a crucial role in monitoring the implementation of the law and providing technical assistance to individuals and organizations. The Job Accommodation Network and the National Organization on Disability have also provided significant support and resources for employers and individuals with disabilities.

Criticisms and Controversies

Despite the positive impact of the Americans with Disabilities Act Amendments Act of 2008, the law has also been subject to criticisms and controversies. Some critics have argued that the law is too broad and will lead to an increase in frivolous lawsuits, as seen in cases such as Board of Education v. Rowley. Others have argued that the law does not go far enough in providing protections for individuals with disabilities, as highlighted by the work of Senator Tammy Duckworth and Representative Jim Langevin. The Chamber of Commerce of the United States and the National Federation of Independent Business have expressed concerns about the potential costs and burdens of implementing the law, while the American Civil Liberties Union and the National Association of the Deaf have argued that the law is a critical step forward in protecting the rights of individuals with disabilities. The World Health Organization and the United Nations have also recognized the importance of the law in promoting the rights and inclusion of individuals with disabilities.

Category:United States federal disability legislation