By Lisa Boylan
Managing Editor, EpilepsyUSA
Posted: October 4, 2006

In a resonant, historic move, House Judiciary Committee Chair James Sensenbrenner and House Minority Whip Steny Hoyer introduced bipartisan legislation to restore the protections promised by the Americans with Disabilities Act. Echoing the persuasive words of Epilepsy Foundation Chair Tony Coelho's recent testimony before Congress, Sensenbrenner stated, "This bipartisan legislation will enable disabled Americans utilizing the ADA to focus on the discrimination that they have experienced rather than having to first prove that they fall within the scope of the ADA's protection." He cited recent Supreme Court decisions that have eroded "the broad protections of the ADA" creating a "new set of barriers for disabled Americans."

Hoyer, who was the lead Democratic sponsor of the ADA in the House, noted that he "harbored no illusions that this legislation would topple centuries of prejudice overnight… but the Supreme Court's interpretations of this historic law have been largely inconsistent with the original intent of Congress." He referred to people with diabetes, heart conditions and cancer who "have had their ADA claims kicked out of court because, with improvements in medication, they are considered ‘too functional' to be considered disabled.'" People with epilepsy have been similarly affected by the narrow interpretations.

The new legislation will replace the words, "against an individual with a disability" with "on the basis of a disability," thereby aligning the ADA more closely with legislation it was originally modeled after, the Civil Rights Act of 1964 and other civil rights laws that prohibit discrimination against a protected class. The original support for the ADA, as Coelho noted in his testimony on Sept. 13, was "bipartisan, bicameral and complete." Eric Hargis, president and CEO of the Foundation stated that "Civil rights should not be a partisan issue. We are extremely pleased that the Judiciary Committee Chair and the Minority Whip are working together to restore the original intent of the ADA, enabling Americans, including those with epilepsy, to live productive lives without discrimination on the basis of disability."