ADA Amendments Act
In an Interview with Don Brandon, Northwest DBTAC Director of Fairbanks Resource Agency, Emily Ennis asked Don some questions about the ADA Amendments Act of 2008.
Don Brandon is director of the Disability and Business Technical
Assistance Center (DBTAC) in Seattle. A former 40year resident of Alaska, he considers himself on loan" to the state of Washington. He fondly remembers his childhood living in a one-room cabin at the Chatanika Gold Camp north of Fairbanks, where his father worked as a miner.
Don, what brought about the passage of the ADA Amendments Act?
A number of Supreme Court decisions passed since the 1990 landmark civil rights legislation have narrowed the original scope and intent of the Americans with
Disabilities Act. The new legislation cleaned up the Act in a way that the courts should no longer misconstrue the intent of its original purpose.
What message was sent to the Supreme Court?
The Supreme Court had interpreted ADA findings in such a way as to unduly restrict the meaning and application of the definition of disability. The message sent to the Court by the new legislation is a clear one: like other civil rights statutes, the ADA must be construed broadly to effect its remedial purpose.
Who were Congressional sponsors of the new Act?
Senators Ted Stevens, Tom Hawkins, Arlen Spector, and Ted Kennedy were sponsors of the bill in the Senate. Representatives Steny Hoyer and James Sensenbrenner introduced the bill in the House.
What do you believe will be most significant impact of the Act?
I believe the broader definition of disability in the Act will help assure that the original intent of the ADA can be achieved and that individuals' civil rights will be upheld. Until now, the majority of legal cases have been found in favor of the employer. I believe that will change.
Can you explain "mitigating factors?"
A previous Supreme Court decision ruled that measures such as medication, assistive technology, accommodations, or modifications could be considered when determining whether or not a person had a disability. As a result, there were cases where individuals who used these measures were not protected under the ADA. The new bill prohibits consideration of such mitigating measures and requires that an impairment be examined in its own "unmitigated" state.
What will be the impact for Alaskan employers?
I think employers in Alaska have always been forward thinking and will feel much less of an impact from the amendments. Also, Alaska state law offers much more protection than federal law. I'd like to encourage employers to think about "productivity enhancements" for all their employees, rather than "reasonable accommodations" for those with a disability. Isn't that what it's all about? All any employer wants to do is increase the efficiency and productivity of their employees. Productivity enhancements that are reasonable, affordable and not disruptive to the workplace work for everyone.
Where can I get more information about the ADA Amendments Act or answers to other questions about compliance with the ADA?
The DBTAC Northwest - ADA Information Center provides a call center with free consultation for questions about compliance with the ADA. There is a live staff person (not a recording) available Mon.Fri. 8:30-4:30 at 800-949-4232. Or, check out our website for 24/7 service designed to provide quick answers to most questions: http://www.dbtacnorthwest.org