H.R. 3195
(HOYER)
ADA RESTORATION
ACT OF 2007
Southwest
California Legislative Council Position: OPPOSE
H.R. 3195 (HOYER) is designed to establish a clear and
comprehensive prohibition of discrimination on the basis of
a disability and provide broad coverage and effective
remedies.
H.R. 3195 would radically expand and change ADA law,
including the definition of “disability” and dramatically
increase compliance and litigation costs for businesses
which would essentially divert enforcement resources away
from those who are truly disabled.
There have been
complaints in regards to the federal courts misinterpreting
the ADA too narrowly and legislation is needed to correct
and restore the original intent of the law. However, H.R.
3195 goes too far, especially when under the law the
definition of “disability” would be expanded to cover anyone
with an “impairment.” It can be suggested that an
“impairment” may include poor eyesight, a cold or flu, or
tennis elbow – to name a few. These examples are not what
the original ADA law aim to accomplish.
Employers would be prohibited from considering the effects
of mitigating measures an individual uses to address his or
her impairment. For example, employers could not consider
even very significant negative effects of medication – there
are good reasons why some medications come with warnings,
for example, against operating heavy machinery, but under
the bill, the employer could not consider whether an
employee was taking such a medication.
Lastly,
frivolous litigation already exists under current ADA and
other equal employment laws. By expanding ADA at this time,
it may create even more lawsuits and ultimately do more harm
than good as ADA law is intended to do.
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