Federal Legislation Aims to Protect People with Diabetes

What is the ADA Amendments Act of 2008 (formerly known as the ADA Restoration Act of 2007)?

“ADA” stands for the Americans with Disabilities Act, an act that was intended to protect people with disabilities from discrimination.  As its title implies, the ADA Amendments Act of 2008 is a bill that would make changes to the ADA.  The ADA Amendments Act of 2008 restores the definition of “disability,” after court decisions distorted the definition.  These distortions made it nearly impossible for people with certain disabilities in some circumstances to be protected by the ADA.  The changes provided by the ADA Amendments Act of 2008 are regarded as so necessary that they have been described by members of both political parties as “historic” and “landmark.”

Why is the ADA Amendments Act of 2008 necessary?

In 1990, Congress passed the original ADA with overwhelming support from both parties and President George H.W. Bush.  The intent of the ADA was clear—it was meant to ensure equality and freedom from discrimination for Americans with disabilities.  The ADA prohibits unfair discrimination and requires changes in workplaces, businesses, public transit, and other services.  You have probably seen the effects of this in the form of improvements to public areas, such as the widespread addition of ramps to buildings, lifts to public transportation, and handrails in bathrooms.  Clearly, the intentions were to provide broad protection and accommodation for disabled people.  However, courts have defined “disability” in such a way that individuals with serious health conditions are denied the protection they need and deserve.

For example, people with serious health conditions who are fortunate enough to find treatment that makes them more capable, independent, and able to work may find they are not protected by the ADA.  This is because, taking into account how well their treatment works, the limitations from their impairments may not be considered disabling enough.  Effectively, these decisions make it possible for courts to rule that a person is impaired by a disability recognized by the ADA, but not impaired enough to qualify for protection under the ADA. 

To illustrate, a person with diabetes who manages her condition well might not be considered “disabled” by the court, and the ADA would provide no protection.  Yet the person may still be vulnerable to discrimination by an employer, who could argue that the diabetes kept the employee from performing job tasks.  In this case, the ADA wouldn’t protect the employee, even if the employer admitted it fired her because of her diabetes.  This was not Congress’ intent.   Through the ADA’s original mandate, Congress intended to protect anyone who is discriminated against based on a current, past, or even perceived disability.  The ADA Amendments Act will fix the definition of “disability” to provide the protections consistent with the purpose and intent of the ADA.

What is the current status of the bill?

The ADA Amendments Act of 2008 was introduced by Reps. Steny Hoyer (D-MD) and James Sensenbrenner (R-WI) in the House of Representatives (H.R. 3195) on July 26, 2007 as the ADA Restoration Act.  On June 25, 2008, the House passed the bill with a 402-17 vote.

On August 1, 2008, Senators Tom Harkin (D-IA) and Orrin Hatch (R-UT) introduced the Senate version of the bill (S. 3406). The bill passed the Senate on September 11, 2008, and the House of Representatives passed the Senate's version of the bill On September 17, 2008. 

President George W. Bush officially signed the ADA Amendments Act of 2008 into law on September 25, 2008.

Now what?

The ADA Amendments Act will go into effect on January 1, 2009. The Center for Diabetes Research and Policy at IIT proudly joins leading advocacy groups in applauding the President for signing this important bill into law. We are celebrating the restoration of the original protective intentions of the ADA Act of 1990, and would to thank everyone who worked so hard to make this possible. In the words of R. Stewart Perry, Chair of the Board of the American Diabetes Association, "This is a historic victory for Americans with chronic illnesses like diabetes who will once again be covered by this law, and is a triumph for all individuals with disabilities who want to work and will now be able to fulfill their potential. Today, we proudly usher in a new era for hardworking Americans with disabilities."