Something Governmental This Way Comes...
hr_gmc
33 Posts
As mentioned in another post, here comes the fun! Our beloved government is considering making BROAD changes to the ADA. Now, I am not an attorney, but it seems to me that maybe the changes are a little too broad? This has passed the House by a wide margin and if the bill becomes law in its current form, I'm going to have some headaches come my way. According to the bill, you can classify someone has having a "disability" if it is in remission, latent, or just episodic. Also, call me crazy, but it seems that the bill would allow migraine headaches to be considered a disability. Also, seasonal allergies or hay fever could be considered if they're bad enough (and I've seen some BAD allergies!) to limit a major life function. While this CAN be a good thing (ms and eplilepsy wasn't considered a disability before), I think it also opens the door too much (depression can be considered a disability). Am I crazy or just overstating?
SUMMARY AS OF:
7/26/2007--Introduced.
ADA Restoration Act of 2007 - Amends the Americans with Disabilities Act of 1990 to remove from the definition of "disability" a reference to substantially limiting one or more major life activities.
Prohibits, in determining whether an individual has an impairment, considering the impact of any mitigating measures the individual may be using or whether any impairment manifestations are episodic, in remission, or latent. Considers actions taken because of an individual's use of a mitigating measure to be actions taken on the basis of a disability.
Defines "record of physical or mental impairment" as having a history of, or having been misclassified as having, a physical or mental impairment.
Defines "regarded as having a physical or mental impairment" as being perceived or treated as having a physical or mental impairment whether or not the individual has an impairment.
Prohibits employment discrimination on the basis of disability (under current law, against a qualified individual with a disability because of the disability).
Allows, as a defense to a charge of discrimination, that the individual alleging discrimination is not a qualified individual with a disability.
Requires that the Act's provisions be broadly construed.
Empowers: (1) the Attorney General to promulgate regulations and guidance to provide for consistent and effective standards among enforcing agencies; and (2) the Equal Employment Opportunity Commission (EEOC) and Secretary of Transportation to then issue implementing regulations or policy guidance consistent with the Attorney General's requirements. Entitles duly issued federal regulations and guidance to deference by administrative bodies or officers and courts.
Comments
I do think there are going to be some issues with this. On one hand I know of some people that have situations that really should be classified as a disability but have not been under the current law. On the other hand I think some of the new changes are going to open the door to many people squeezing by on the new definition that really shouldn't. These are the cases that are going to have the biggest impact on employers.
This will definitely increase the number of cases in which both FMLA and ADA apply.