By Patrick Yoest, Of DOW JONES NEWSWIRES
WASHINGTON -(Dow Jones)- The U.S. House moved
Wednesday to broaden the definition of a disability
under federal laws, passing a bill that would
effectively reverse recent Supreme Court decisions on
the workplace rights of disabled employees.
The bill, which passed 402-17, would revise the
term "disability" to encompass a broader range of
physical and mental impairments. Disability rights
advocates say 1999 and 2002 U.S. Supreme Court
decisions have so curtailed the scope of disabilities
protected under the Americans with Disabilities Act,
or ADA, as to exclude conditions such as cancer and
cerebral palsy.
The bill would state that a disability couldn't be
determined by whether " mitigating measures,"
including medication, prosthetics and assistive
technologies, are available. The bill excludes people
whose condition is expected to last six months or
less.
According to the House Education and Labor
Committee, plaintiffs in 2004 lost 97% of ADA
employment discrimination claims, "often due to the
interpretation of definition of disability."
After months of negotiations over the bill's
language, it won the support of disability rights
groups and business groups.
In a letter to House lawmakers Tuesday, R. Bruce
Josten, executive vice president for Government
Affairs at the U.S. Chamber of Commerce, said the bill
"preserves the ADA's basic framework, which should
make compliance and implementation comparatively
easier for employers."
National Association of Manufacturers President
John Engler also endorsed the bill Wednesday, saying
that "restoring the original intent of the ADA is a
practical issue for employers who urgently need
qualified workers to fill vacancies - and it's the
right thing to do."
The Senate hasn't passed a similar bill.
-By Patrick Yoest, Dow Jones Newswires;
202-862-3554;
patrick.yoest@
dowjones.com
Dow Jones Newswires
06-25-08 1913ET
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