This morning members of Congress unveiled their versions of the ADA restoration Act. Representatives Steny Hoyer (D-MD) and Jim Sensenbrenner (R-WI) along with Senator Tom Harkin (D-IA) introduced the ADA legislation. These two bills seek to ensure that the ADA is interpreted as broadly as originally intended by Congress.
Over the past several years there have been some disturbing Supreme Court decisions that have had a considerable impact on people who have a variety of disabilities. These rulings hold that employees who are discriminated against based upon their disability still may not be qualified to sue their employers for such discrimination. Courts have based these decisions on a belief that some individuals are not "disabled enough" to be covered by the ADA's protection against discrimination. These court decisions could have serious consequences for people with visual impairments in the very near future. For instance, people with low vision are at risk for employment discrimination due to their vision loss but may be denied a legal remedy if they happen to use low vision aids. Judges may view the employee's use of low vision aids or other assistive technology to perform tasks as proof that the employee isn't really disabled.
In addition to the Supreme Court rulings there have been some concerning lower court decisions that have limited the applicability of the ADA to commercial businesses and other public accommodations when their sole means of conducting commerce is through the use of the internet. We are waiting for the publication of the Department of Justice's proposed regulations which are expected in the next few months. It is our understanding that these regulations will include provisions to rectify this issue. If for some reason these regulations don't include the provisions, ACB will seek a legislative solution through the ADA Restoration Act or through other legislation.
ACB feels that it is appropriate to support the two versions of the ADA Restoration Act that were introduced today but will continue to negotiate with members of congress to insure that the needs of the blind and visually impaired community are met. There will be more updates concerning this issue in the coming months. Should you have any questions or concerns please feel free to contact me.
Eric Bridges
Director of Advocacy and Governmental Affairs
American Council of the Blind
Phone: (202) 467-5081
Fax: (202) 467-5085