New Law Expands Protection Under the ADA

With his father looking on, President George W. Bush today signed into law a bill expanding protection under the Americans With Disabilities Act.  The ADA was originally signed into law by the first President Bush in 1990, and he considered the law one of his proudest accomplishments.  In a series of decisions, however, the United States Supreme Court has construed the law narrowly, ruling that workers with disabilities who can mitigate their impairment should not be considered disabled.  Thus, for example, diabetics, epileptics, and other individuals who are able to control their condition with medication do not qualify as “disabled” and, thus, are not protected under the ADA.  Many legislators, legal commentators, and disabled advocates had argued for years that this Supreme Court interpretation was not consistent with the original intent of the Act.  The new amendment to the law, enacted today, is designed to “restore the intent and protections” of the original measure, and overturns the Supreme Court’s decisions regarding the impact of corrective measures.  The amendment was passed with bipartisan support.  An article on the amendment appears here: