House Resolution 3195: An Overview

The ADA Restoration Act, introduced by Reps. Steny Hoyer and James Sensenbrenner addresses the problems with the ADA’s definition of “disability” in the following ways:

1. Changes to Definition of “Disability” (42 U.S.C. § 12102) [Section 4 of the Bill] The bill amends the definition of “disability” so that people who Congress originally intended to protect from discrimination are covered under the ADA. Specifically, the bill:

(i.) eliminates the “substantial limitation” on a “major life activity” requirement;

(ii.) defines the terms used in the definition of disability (such as “physical impairment” and “mental impairment”); and

(iii.) adds a rule of construction to the definition of disability, which prohibits courts from considering whether a person uses mitigating measures or considering whether the manifestations of an impairment are “episodic, in remission, or latent” when determining if a person has an impairment.

The rule of construction also defines mitigating measures, which is not defined in the ADA or in the Equal Employment Opportunity Commission (EEOC) regulations.

Finally, the rule of construction clarifies that adverse treatment based on the mitigating measure itself or a side effect of the mitigating measure (e.g., a person’s prosthetic limb or a person’s fatigue due to medicine) constitutes discrimination.

2. Changes to Title I Discrimination/Defenses Sections (42 U.S.C. §§ 12112 - 12113 ) [Sections 5 and 6 of the Bill] The bill prohibits discrimination “on the basis of disability.” This change harmonizes the ADA with other civil rights laws by focusing on whether a person who has been discriminated against has proven that the discrimination was based on a personal characteristic (disability), not on whether he or she has proven that the characteristic exists (42 U.S.C. § 12112(a)).

The bill also guards against reverse discrimination claims by clarifying that discrimination “on the basis of disability” means discriminating against an individual with a disability (42 U.S.C. § 12112(b)).

Lastly, the bill clarifies that employers remain free to argue that a particular applicant or employees does not have the requisite qualifications for the job (i.e., is not a “qualified individual with a disability”) (42 U.S.C. § 12113(a)).

3. Changes to Codified Findings [Section 3 of the Bill] The bill modifies two findings in the ADA that had been used by the courts to support a narrow reading of “disability.” Specifically, the bill strikes the ADA finding pertaining to “43 million Americans” (42 U.S.C. § 12101(a)(1)) and the ADA finding pertaining to “discrete and insular minority” (42 U.S.C. § 1201(a)(7)).

4. Rule of Broad Construction and Regulations [Section 7 of the Bill] The bill adds a rule of construction directing courts to construe the provisions of the ADA “broadly…to advance their remedial purpose.” The bill authorizes the Attorney General (AG) to promulgate regulations and guidance implementing the ADA (including the ADA’s definition of “disability”), and requires the EEOC and the Secretary of Transportation to issue appropriate regulations or policy guidance consistent with the AG’s requirements. The bill also provides that duly issued regulations and guidance are entitled to deference in administrative and judicial proceedings.

For more information, including a complete list of the bills 235 co-sponsors (updated: 11/08/07), please visit THOMAS, a legislative information service provided by the Library of Congress.