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Introductory Statements from ADA Restoration Bill's Authors
Hoyer Introduces Americans With Disabilities Restoration Act of 2007 FOR IMMEDIATE RELEASE: Thursday, July 26, 2007
WASHINGTON, DC - House Majority Leader Steny H. Hoyer (MD) led a press conference this morning with Senator Tom Harkin and Representative James Sensenbrenner to introduce legislation to restore the full promise of the Americans with Disabilities Act, on the 17th anniversary of the passage of that landmark civil rights legislation. Below are his remarks as prepared for delivery: "Seventeen years ago today - on July 26, 1990 - the first President Bush signed the Americans with Disabilities Act into law, hailing it as 'the world's first comprehensive declaration of equality for people with disabilities.' "That day was one of my proudest in public service - and I know Senator Harkin and others who helped lead the fight on the ADA feel the same way. "This landmark civil rights law prohibited discrimination against Americans with disabilities in the workplace, public accommodations, and other settings. "We knew that it would not topple centuries of prejudice overnight, but we believed that it could change attitudes and unleash the talents of millions of Americans with disabilities. "And, we were right. Since its enactment, thousands of Americans with disabilities have entered the workplace, realizing self-sufficiency for the first time in their lives. "The ramps, curb cuts, braille signs, and captioned television programs that were once novel are now ubiquitous. "However, despite our progress, the courts - including the U.S. Supreme Court - have narrowly interpreted the ADA, limiting its scope and undermining its intent. "How can it be, for example, that people with diabetes, epilepsy, heart conditions and even cancer have had their ADA claims dismissed? "Yet, courts have ruled that medication or other corrective measures have made ADA claimants "too functional" to be considered "disabled" under the law. "Let me be clear: This is not what Congress intended when it passed the ADA. We intended a broad application of this law. Simply put, the point of the ADA is not disability, it is the prevention of wrongful and unlawful discrimination. "Thus today, Congressman Sensenbrenner - the former Chairman of the House Judiciary Committee - and I will introduce the "Americans With Disabilities Restoration Act of 2007" to restore the broad reach of ADA that we believed was plain in 1990. "And, Senator Harkin intends to introduce very similar legislation in the Senate. "Among other things, the bipartisan House bill - which already has more than 130 co-sponsors - will restore the original intent of the ADA by: amending the definition of "disability" so that people who Congress originally intended to protect from discrimination are covered under the ADA, and preventing courts from considering "mitigating measures" - such as eyeglasses or medication - when determining whether a person qualifies for protection under the law. "The fact is, the Supreme Court has improperly shifted the focus of the ADA from an employer's alleged misconduct, and onto whether an individual can first meet - in the Supreme Court's words - a "demanding standard for qualifying as disabled." "As we note the 17th anniversary of this landmark law, its promise remains unfulfilled but is still within reach. "Passage of this legislation is critical to helping us achieve the ADA's promise - and creating a society in which Americans with disabilities can realize their potential." Content origin: http://hoyer.house.gov/newsroom/index.asp?ID=955 Navigate: Back to Top, House Majority Leader Steny Hoyer (D-MD), Sen. Tom Harkin (D-IA), Rep. James Sensenbrenner (R-WI) Harkin Introduces Bill Restoring His Signature Legislation, The Americans With Disabilities Act FOR IMMEDIATE RELEASE: Thursday, July 26, 2007 WASHINGTON, D.C. – On the 17th anniversary of the passage of the Americans with Disabilities Act (ADA), the senator who crafted the legislation, Tom Harkin (D-IA), is offering a bill that would clarify its original intent and ensure that every American with a disability is protected from discrimination. Considered to be one of the landmark civil rights laws of the 20th century, the ADA was designed to protect any individual who is treated less favorably because of a current, past, or perceived disability. The law was passed with overwhelming bipartisan support and was signed into law by President George H.W. Bush. Unfortunately, since the ADA was passed, a series of court decisions have ignored Congress’ clear intent regarding who should be protected under the law, and have narrowed the category of who qualifies as an “individual with a disability.” “Many individuals who Congress intended to protect under the ADA – including people with epilepsy, diabetes, and cancer – are no longer protected as a result of these court decisions,” said Harkin. “These cases have created a bizarre catch-22 where people with serious conditions like epilepsy or diabetes could be forced to choose between treating their conditions and forfeiting their protections under the ADA, or not treating their conditions and being protected. That is not what Congress intended when we passed this law 17 years ago. This situation clearly cries out for a modest, reasonable legislative fix, and that's exactly what I am doing, today, by introducing the ADA Restoration Act of 2007.” Harkin’s bill would restore the original intent of the ADA to protect all persons with disabilities without regard to mitigating circumstances, such as taking medication, or using an assistive device. This bill is being co-sponsored by Senator Arlen Specter (R-PA). House Majority Leader Steny Hoyer (D-MD) and Representative Jim Sensenbrenner (R-WI) introduced a companion bill in the House of Representations today. Harkin’s legislation amends the definition of “disability” so that individuals with disabilities who Congress originally intended to protect from discrimination are covered under the ADA. This is accomplished by:
“As with the original passage of the ADA, it's going to take time to hold hearings and build strong majorities,” said Harkin. “But I look forward to working to restore Congress’ original intent, and, once again, to ensure that Americans with disabilities are protected from discrimination.” Content origin: http://harkin.senate.gov/news.cfm?id=279891 Navigate: Back to Top, House Majority Leader Steny Hoyer (D-MD), Sen. Tom Harkin (D-IA), Rep. James Sensenbrenner (R-WI) Sensenbrenner Statement at ADA Restoration Act Press Conference Sensenbrenner ADA Restoration Act Press Conference Washington, DC, July 26, 2007 "Good morning everyone, it is good to see you all here. I am honored to be here today with Majority Leader Steny Hoyer and Senator Tom Harkin to introduce bipartisan legislation: the ADA Restoration Act of 2007. I would like to thank former Congressman Tony Coehlo, the original sponsor of the American with Disabilities Act in 1990, along with disability advocates from around the nation. And last but certainly not least, I would like to thank my wife Cheryl for being here today. Many of you know Cheryl; she is a tireless advocate for the disabled and a board member of the American Association of People with Disabilities. I know the daily pain she lives with, but just like many of you, she does not let those challenges slow her down. Her disability does not define her, but in fact, it inspires her and all those close to her. I am honored to stand here with Cheryl today and fight to restore the protections secured under the ADA. Prior to the Americans with Disabilities Act, disabled Americans were subjected to false stereotypes and experienced a second-class citizenship. But in 1990, Congress passed the ADA to break down the physical and societal barriers that for too long kept disabled Americans from fully participating in the American Dream. Like the landmark civil rights laws that came before it, the ADA has worked to transform our nation. Fewer citizens are judged by their physical and mental impairments, and are now evaluated according to their character and qualifications. Americans with disabilities have experienced increased opportunities, higher graduation rates, higher employment rates, and lower rates of poverty. However, the full promise has not been fulfilled. The Supreme Court has slowly chipped away at the protections of the ADA, leaving millions of citizens vulnerable to discriminatory treatment. The court’s interpretation created a vicious circle for Americans with disabilities. It created a broad range of people who benefit from “mitigating measures,” such as improvements in medicine, who still experience discrimination from employers, yet have been labeled “not disabled enough,” to gain the protections of the ADA. This is unacceptable. Today, we want to place the ADA rightfully back among our Nation’s great civil rights laws. The ADA Restoration Act will force courts to focus on whether a person has experienced discrimination “on the basis of disability,” rather than require individuals to demonstrate that they fall within the scope of the law’s protection at all. This change harmonizes the ADA with other civil rights laws. The legislation will finally enable Americans with disabilities to shine a light on the discrimination they have experienced. The effectiveness of the ADA is paramount to ensuring that the guarantees and promises on which this country was founded, continue to be protected for all its citizens. When I look around and see your courage and strength, I am encouraged. The dedication displayed here today by my wife and others, assures me that the elimination of discrimination on the basis of disability, first mandated by the ADA 17 years ago, will be properly restored." Content origin: http://sensenbrenner.house.gov/News/DocumentSingle.aspx?DocumentID=70169 Navigate: Back to Top, House Majority Leader Steny Hoyer (D-MD), Sen. Tom Harkin (D-IA), Rep. James Sensenbrenner (R-WI)
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