ADA Expansion Would Change Definition of Disability

HR.BLR.com reports the ADA Restoration Act of 2007, H.R. 3195, would redefine “disability” as a physical or mental impairment, a record of such an impairment, or being regarded as having such an impairment – in effect, eliminating the current requirement for the physical or mental impairment to substantially limit one or more of the individual’s major life activities to be covered by the ADA.

The legislation would also require that “determination of whether an individual has a physical or mental impairment be made without considering the impact of any mitigating measures the individual may be using or whether any manifestations of an impairment are episodic, in remission, or latent,” according to HR.BLR.com.

Currently, the ADA defines “disability” as a physical or mental impairment that substantially limits one or more of the individual’s major life activities when using a mitigating measure, such as glasses, pills for hypertension, a hearing aid. It also includes having a record of such impairment or being regarded as having such an impairment.

Business and employer groups oppose the legislation, saying the new definition would be too broad. The Society for Human Resource Management says the law would go too far and cover “people who have minor or temporary impairments such as near-sightedness, headaches, small scars and even ‘tennis elbow,’ or tattoos,” according to the news report. 

Text of the legislation is here .