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More Information Text of the ADA Amendments Act (PDF) Talking Points on the ADA Amendments Act Comparison chart between the compromise bill and the ADA Restoration Act

Urgent Action Alert

It’s Decision-Time for the ADA

June 24 Update: Call your Member of Congress in the House of Representatives today June 24, and ask him or her to vote for the ADA Amendments Act of 2008 just as it is, no amendments!  Click here and then enter your zip code in the "Call Now"  window.

June 23, 2008—Members of the House of Representatives are deciding right now whether Congress really meant to protect people with disabilities when it passed the Americans with Disabilities Act (ADA) in 1990. They need to hear from their constituents today!

Over the past decade, the Supreme Court has narrowed the interpretation of the ADA so dramatically that lower courts have found many people with mental illnesses and other disabilities no longer covered by the landmark civil rights law. It is time to restore the intent that Congress clearly expressed when passing the ADA—to protect a broad group of people with disabilities. (See the Bazelon Center’s January 23 Action Alert.)

There is strong bipartisan support for restoring rights under the ADA, thanks to the work of representatives of the business and disability communities, who came together and, over several months, negotiated a compromise bill to restore protections for those who should be covered under the ADA. 

Floor Vote Possible on Wednesday, June 25

The bipartisan ADA Amendments Act of 2008 was voted out of committee last week and is expected to be on the House floor this week—possibly as soon as Wednesday, June 25.

It would better protect people with psychiatric disabilities in a number of ways. The bill would:

• provide for broad coverage under the ADA. The bill clarifies that Congress intended the ADA to be interpreted broadly rather than narrowly, as the Supreme Court has held.
• provide an easier standard to qualify for protection than that applied by the courts.  The ADA protects individuals who have an impairment that substantially limits a major life activity, who have a record of such impairment, or who are treated as having such an impairment. This bill provides a new definition of “substantially limits” to make clear Congress’ intent to reject the standard that has been applied by the courts and apply a less demanding standard.
• provide that mitigating measures (measures a person takes to control the effects of a disability) cannot be held against people with disabilities. Many people with mental illnesses have been denied protection under the ADA because they use medication, therapy or other measures to control the effects of their disabilities. This bill would overturn several Supreme Court decisions and provide that people with disabilities will not lose their coverage under the ADA simply because their condition is treatable with medication or can be addressed with the help of assistive technology.
• provide better coverage for episodic impairments.  Many people with mental illnesses have been denied protection under the ADA because their impairments are episodic.  This bill would ensure that an episodic impairment counts as a disability as long as it would meet the test for a disability when it is active.
• ensure broader coverage for people who are treated as disabled.  The bill makes it much easier for individuals to obtain protection under the ADA by showing that they were “regarded as” having a disability.  

Please Act Today!

Please contact your Representative in Congress this week to urge him or her to vote for the ADA Amendments Act.

• Phone: You can reach your Representative (and his or her legislative staff) by calling the Capitol switchboard at 202-224-3121. You can also call the direct line, available on your Representatives website through www.thomas.gov/
• Email: Much less effective than a phone call, email must come through the link on the lawmaker’s website to be counted (rarely read).
• Postal mail: Find the postal address on the member’s website or write to:

The Honorable (first and last name)
U.S. House of Representatives
Washington, DC 20515

Remember, when you call or email, be sure to identify yourself as a constituent, giving your address and zipcode. In a letter, be sure to include your return address.

See a sample letter you can edit to fax or mail. For more information, see:

• text of the ADA Amendments Act (PDF)
• talking points on the ADA Amendments Act (Word document)
• a comparison chart between the compromise bill and the ADA Restoration Act (Word document)

For an enlightening overview of the compromise, listen to a June 18th NPR broadcast on the bill.

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