ADA Amendments Act of 2008

Bill: 110-hr-3195
Sponsor: Rep. Hoyer, Steny H. [D-MD-5]
Introduced: 2007-07-26 in the House
Policy area: Civil Rights and Liberties, Minority Issues
Subjects: Administrative procedure
Blind
Civil actions and liability
Civil rights enforcement
Congress
Department of Justice
Department of Transportation
Disability evaluation
Disabled
Discrimination against the disabled
Discrimination in employment
Employee selection
Employment of the disabled
Employment tests
Equal Employment Opportunity Commission
Government Operations and Politics
Labor and Employment
Law
Legislation
Self-help devices for the disabled

Summary:
action_date: 2007-07-26
text: 
ADA Restoration Act of 2007 - Amends the Americans with Disabilities Act of 1990 to remove from the definition of &quot;disability&quot; 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 &quot;record of physical or mental impairment&quot; as having a history of, or having been misclassified as having, a physical or mental impairment.
 
Defines &quot;regarded as having a physical or mental impairment&quot; 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.

action_date: 2008-06-25
text: 

ADA Amendments Act of 2008 - (Sec. 4) Amends the Americans with Disabilities Act of 1990 (ADA) to redefine the term &quot;disability,&quot; including by defining &quot;major life activities&quot; and &quot;being regarded as having such an impairment.&quot;

Sets forth rules of construction regarding the definition of &quot;disability,&quot; including that: (1) such term shall be construed in favor of broad coverage of individuals under the Act; (2) an impairment that substantially limits one major life activity need not limit other major life activities in order to be a disability; (3) an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and (4) the determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of specified mitigating measures.

Defines the term &quot;auxiliary aids and services.&quot;

(Sec. 5) Prohibits employment discrimination against a qualified individual on the basis of disability. (Current law prohibits employment discrimination against a qualified individual with a disability because of the disability.)

Prohibits the use of qualification standards, employment tests, or other selection criteria based on an individual's uncorrected vision unless the standard, test, or other selection criteria, as used by the covered entity, is shown to be related to the position and is consistent with business necessity.

(Sec. 6) Declares that nothing in the Act: (1) alters the standards for determining eligibility for benefits under state worker's compensation laws or under state and federal disability benefit programs; (2) alters the requirement to make reasonable modifications in policies or procedures, unless such modifications would fundamentally alter the nature of the goods, services, facilities, or accommodations involved; or (3) provides the basis for a claim by a person without a disability that he or she was subject to discrimination because of the lack of disability.

Declares that the authority of the Equal Employment Opportunity Commission (EEOC), the Attorney General, and the Secretary of Transportation to issue regulations includes the authority to issue regulations implementing the definitions of this Act.

(Sec. 7) Makes conforming amendments to the Rehabilitation Act of 1973.


Legislative actions:
action_date: 2008-06-27
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 856.
action_date: 2008-06-26
text: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2008-06-25
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-06-25
text: On passage Passed by the Yeas and Nays: 402 - 17 (Roll no. 460). (text: CR H6059-6061)
action_date: 2008-06-25
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 402 - 17 (Roll no. 460).(text: CR H6059-6061)
action_date: 2008-06-25
text: Considered as unfinished business. (consideration: CR H6081-6082)
action_date: 2008-06-25
text: POSTPONED PROCEEINGS - At the conclusion of debate on H.R. 3195, the Chair put the question on adoption of H.R. 3195 and by voice vote, announced the ayes had prevailed. Mr. Sensenbrenner demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of H.R. 3195 until later in the legislative day.
action_date: 2008-06-25
text: The previous question was ordered pursuant to the rule. (consideration: CR H6074)
action_date: 2008-06-25
text: DEBATE - The House proceeded with one hour of debate on H.R. 3195.
action_date: 2008-06-25
text: Rule provides for consideration of H.R. 3195 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill shall be considered as adopted.
action_date: 2008-06-25
text: Considered under the provisions of rule H. Res. 1299. (consideration: CR H6058-6075; text of measure as introduced: CR H6058-6059)
action_date: 2008-06-25
text: Rule H. Res. 1299 passed House.
action_date: 2008-06-24
text: Rules Committee Resolution H. Res. 1299 Reported to House. Rule provides for consideration of H.R. 3195 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill shall be considered as adopted.
action_date: 2008-06-23
text: Placed on the Union Calendar, Calendar No. 465.
action_date: 2008-06-23
text: Committee on Energy and Commerce discharged.
action_date: 2008-06-23
text: Committee on Energy and Commerce discharged.
action_date: 2008-06-23
text: Committee on Transportation discharged.
action_date: 2008-06-23
text: Committee on Transportation discharged.
action_date: 2008-06-23
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 110-730, Part II.
action_date: 2008-06-23
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 110-730, Part II.
action_date: 2008-06-23
text: Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-730, Part I.
action_date: 2008-06-23
text: Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-730, Part I.
action_date: 2008-06-18
text: Subcommittee on the Constitution, Civil Rights, and Civil Liberties Discharged.
action_date: 2008-06-18
text: Ordered to be Reported (Amended) by the Yeas and Nays: 27 - 0.
action_date: 2008-06-18
text: Committee Consideration and Mark-up Session Held.
action_date: 2008-06-18
text: Ordered to be Reported (Amended) by the Yeas and Nays: 43 - 1.
action_date: 2008-06-18
text: Committee Consideration and Mark-up Session Held.
action_date: 2007-10-04
text: Subcommittee Hearings Held.
action_date: 2007-09-19
text: Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
action_date: 2007-09-10
text: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
action_date: 2007-07-27
text: Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
action_date: 2007-07-27
text: Referred to the Subcommittee on Highways and Transit.
action_date: 2007-07-27
text: Referred to the Subcommittee on Aviation.
action_date: 2007-07-26
text: Referred to the Subcommittee on Health.
action_date: 2007-07-26
text: Referred to the Committee on Education and Labor, and in addition to the Committees on the Judiciary, Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-07-26
text: Referred to the Committee on Education and Labor, and in addition to the Committees on the Judiciary, Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-07-26
text: Referred to the Committee on Education and Labor, and in addition to the Committees on the Judiciary, Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-07-26
text: Referred to the Committee on Education and Labor, and in addition to the Committees on the Judiciary, Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-07-26
text: Referred to the Committee on Education and Labor, and in addition to the Committees on the Judiciary, Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-07-26
text: Introduced in House
action_date: 2007-07-26
text: Introduced in House