Friday, August 1, 2008
Via Thompson Publishing's HR alerts (see here),
New ADA Amendments Act Introduced in Senate
A new version of the ADA Amendments Act was introduced in the Senate today. Sen. Tom Harkin, D-Iowa, and Sen. Orrin Hatch, R-Utah, introduced S. 3406 which, while similar to the House's version, makes two significant changes.
First, the bill does not define the term "substantially limits," which the House originally defined as "materially restricts." Representatives from the business community voiced concern about the definition at a recent hearing, so the Senate bill now advises courts to consider a substantial limitation as an impairment that prevents or severely restricts an individual from doing activities that are of central importance to most people's daily lives.
The bill also includes a provision requested by the education community. It specifies that reasonable modifications to policies -- including academic requirements in postsecondary education -- are not required if they would fundamentally alter the program.
View the bill at: http://www.thompson.com/images/thompson/pdfs/adaaa_bill_text.pdf
For more information on the bill, see the next issue of the ADA Compliance Guide newsletter.