Congressman Jerrold Nadler (NY-08), Chairman of the Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, today held a legislative hearing on H.R. 3195, the Americans with Disabilities Act Restoration Act of 2007.  The legislation, introduced by House Majority Leader Steny Hoyer (MD-5), would help restore the original intent of the ADA.

“In America, independence and equality should not be denied to those with disabilities,” said Rep. Nadler.  “The ADA is the one the most important civil rights laws of our time, but this historic law has been diluted by the courts.  In ruling after ruling, the courts have found that people with serious health conditions such as cancer, multiple sclerosis, diabetes and epilepsy are not “disabled enough” to qualify for protection from disability discrimination under the ADA.  That was never the intent of Congress, and we must bring clarity to the law.”

Since the enactment of the ADA, the Supreme Court has interpreted the definition of “disability” narrowly, making it difficult for individuals with serious health conditions to prove that they qualify for protection from disability discrimination.  In doing so, the Court has limited the scope o f the ADA and undermined Congress’s intent to cover anyone who is treated less favorably because of current, past, or perceived disability.  The Americans with Disabilities Act Restoration Act would help restore the full promise of the ADA.

Specifically, the bill would clarify the definition of “disability” so that individuals would not first need to prove that they are “substantially limited” in order to qualify for coverage and would also prevent courts from considering “mitigating measures” - such as a hearing aid or medication – when considering whether an individual has a disability.

Rep. John Conyers, Jr. (MI-14), the Chairman of the Judiciary Committee, Rep. Nadler and Rep. Trent Franks (AZ-2), respectively the Chair and Ranking Member of the Subcommittee, are all original co-sponsors of the bill.  The bill currently has 207 co-sponsors.

“Lawmakers from both sides of the aisle united to pass the original ADA,” Rep. Nadler added.  “Since its enactment, we have come a long way toward ending disability discrimination and creating accessible workplaces, businesses and public transportation systems.  We need to continue on that path and restore the broad reach of the ADA.”