Senator Tom Harkin's Comments on ADA Restoration House Action

Wednesday, June 18, 2008

Harkin Statement Regarding House Action on ADA Restoration Act

WASHINGTON, D.C. – Today the House Committees on Judiciary and Education and Labor acted simultaneously to move the Americans with Disabilities Restoration Act to the House floor.  The legislation overturns several Supreme Court decisions interpreting the ADA in such a way that people with obvious disabilities from epilepsy to missing limbs have nonetheless been held to be not covered by the Americans with Disabilities Act.  Senator Harkin, the Senate sponsor of the companion legislation, issued the following statement:

“This is an important first step in making sure the Americans with Disabilities Act protections are restored to all Americans with disabilities.  I look forward to floor action in the House and the opportunity to move forward in the Senate to once again make clear that Congress intends that every American with a disability has equality of opportunity and the chance to be economically self-sufficient.”

Comments

[B. Bower]

But does it go far enough? Are there employment opportunities and incentives to hire people with disabilities, besides accomodations for the employee with disabilities? With unemployment rates estimated at 60-70% for people with disabilities, legislation must include employment opportunities with "teeth" (not best efforts or goals to increase) and firm goals and expectations. My experiences are people with disabilities, if given a reasonable chance, become great, dependable and loyal employees rather than being forced to be accept public assistance.

[Lee]

The compromise language is backwards - no reasonable accomodations required for persons only eligible in the third prong. People want jobs - not a right to sue. Make the accomodation the requirement, and mediation mandatory [perhaps with the job accomodation network advising [JAN]].
When jobs with reasonable accommodations are available - everyone wins.

[Al Fullbright]

All the teeth have been pulled from the potential enforcement of ADA laws. In fact, the bill of rights should have a disclaimer, "these rights are yours if you have a good lawyer and enough money to keep him working on your case".