End job discrimination against people with disabilities

The United Spinal Association (USA) sent us this document to show that we need to talk to our congressmen about the ADA. Since it’s inception, the courts have damaged the ADA to the point that it is all but impossible to go after an employer for ADA violations. Rather then trying to fix this problem through court cases, The USA recommends that each of us call our congressmen and senators to let them know that people go through therapy may never get their job back because the will just hire someone new. The only way to get back to work may be new legislation so employers cannot discriminate against the disabled. If this is not addressed then all the work newly disabled people will be a waste when they find out getting a job is nearly impossible if you are disabled.

The Americans with Disabilities Act needs to be amended so people with disabilities – including veterans with disabilities – have a fair chance to have a job. Disability, business, veterans and civil rights advocates reached agreement on a bill to override court decisions that have undermined the ADA. United Spinal Association and over 100 other disabilities groups have endorsed the compromise so far. Last week, HR 3195, the ADA Amendments Act of 2008, sailed through the House Judiciary and Education & Labor Committees. The momentum to pass this bill is mounting, and a vote of the full House of Representatives is expected on June 25th (or possibly 26th).

United Spinal Association believes HR 3195 deserves support. It helps fix major problems that have been caused by the courts – which have interpreted the meaning of disability so that practically no one with a disability could be protected by the ADA.

Why do we need a bill to restore the Americans with Disabilities Act?
The problem is that the courts have gutted the employment protections of the ADA. They have created an absurd "Catch-22" whereby a person is "too disabled" to do the job – but not "disabled enough" to be protected by the ADA. This is not right.
An employer may not hire, not promote or fire someone because of a disability and get away with it. Even when employers have told a person that the decision was because of the person’s disability, the same employers have often turned around and successfully argued in court that the person is not disabled under the Americans with Disabilities Act (ADA).

This was not the intent of Congress in 1990 when the ADA was enacted – with strong support from both parties – and signed by President George H.W. Bush. Congress included specific language to prohibit employers from discriminating against people with disabilities. As long as a person with disabilities is qualified for the job, he or she deserves an equal opportunity to do the job.

James Weisman
Sr. Vice President and General Counsel
United Spinal Association