Archive A D A


 

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Welcome to ArchiveADA! 

This site serves as a comprehensive, online archive of documents and history related to the Americans with Disabilities Act of 1990 (ADA) and the ADA Amendments Act of 2008 (ADAAA).  Here you can find the text of the law, legislative history, congressional hearings, Supreme Court cases, federal regulations, policy and advocacy documents and additional information related to the passage of the original ADA and the ADAAA. The majority of these documents are explained or cited in the ADA Amendments Act of 2008, an article by Chai Feldblum, Kevin Barry and Emily Benfer.  The article also provides an overview and history of the ADA and ADAAA. 

* Please note that this site will be updated on a continual basis with additional documents and descriptions as they are created and become available. Please visit regularly to see what's new!

Please use the links below to view documents from specific time periods, or feel free to browse:

Overview of the ADA and ADA Amendments Act

Congress enacted the ADA in 1990 to "provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities."  The ADA broadened protection and promoted the inclusion, integration and empowerment of Americans with disabilities.  Over time, Supreme Court decisions whittled away at the definition of disability, narrowing the protections available to citizens and eroding the intent of the law. 

In 2008, with the enactment of the ADAAA, the Nation reaffirmed its commitment to protecting against discrimination and to truly opening the doors of opportunity to all people with disabilities.

 

2008 and the ADA Amendments Act


ADA team The ADAAA restores the original purpose of the ADA by focusing on the discrimination at issue instead of the individual's disability.   

The U.S. Senate and the U.S. House of Representatives both unanimously passed the ADAAA.  President Bush officially signed the ADAAA into law on September 25, 2008 -- eighteen years and two months after his father signed the original ADA.

Text and Summary of the ADAAA:

- ADA Amendments Act , (Senate Bill 3406), as enacted by the Senate and House of Representatives on September 17, 2008

- Changes to the Public Law by the ADA Amendments Act, tracking the changes made to the original ADA line by line 

- White House Statement on the ADA Amendments Act of 2008, Sept. 17, 2008

- Chart Comparing the ADA to the ADAAA, created by the Georgetown Law Federal Legislation and Administrative Clinic on behalf of the Epilepsy Foundation

- Common Questions and Answers about the ADA Amendments Act

- (New!) An Overview of Recent Changes to the Americans with Disabilities Act by Emily A. Benfer, published by the American Constitution Society for Law and Policy (September 2009)


ADA Team  Legislative History:

 - Senate Statement of Managers from September 16, 2008

 - House Congressional Record from September 17, 2008

 - Senate Congressional Record from September 11, 2008

 - Report from the Committee on Education and Labor from June 23, 2008

 - Report from the House Committee on the Judiciary from June 23, 2008

- Joint Statement of House Majority Leader Rep. Steny Hoyer and Rep. Jim Sensenbrenner from September 17, 2008

 - Letter of Support for the ADA Amendments Act to Leader Hoyer and Rep. Sensenbrenner, from supporting organizations, September 16, 2008

  - Statement of Cheryl Sensenbrenner, Board Chair, Association of People with Disabilities - Hearing on H.R. 3195 “ADA Restoration Act of 2007” Before the H. Comm. on the Judiciary Subcommittee on the Constitution, Civil Rights & Civil Liberties, 110th Cong. 21-84 (2007)

 - Statement of House Majority Leader Rep. Steny Hoyer - Hearing on H.R. 3195 “ADA Restoration Act of 2007” Before the H. Comm. on the Judiciary Subcomm. on the Constitution, Civil Rights & Civil Liberties, 110th Cong. 16-21 (2007)

- Statement of Jim Sensenbrenner, 154 Cong. Rec. H6065 (June 25, 2008)

- H.R. 3195 and Determining the Proper Scope of Coverage for the Americans with Disabilities Act Hearing Before the Comm. on Health, Education, Labor, & Pensions, 110th Cong. (2008)

- Testimony of Chai Feldblum at Hearing Before the Committee on Health, Education, Labor and Pensions, U.S. Senate (July 15, 2008)

- Restoring Congressional Intent and Protections Under the Americans with Disabilities Act Before the Comm. on Health, Education, Labor, & Pensions, 110th Cong. (2007)

-Testimony of Chai Feldblum to the Senate Health, Education, Labor and Pension (HELP) Committee, Hearing on Restoring Congressional Intent and Protections under the ADA (Nov. 15, 2007)

- Testimony of Camille A. Olson to the Senate Health, Education, Labor and Pension Committee, Hearing on Restoring Congressional Intent and Protections under the ADA (Nov. 15, 2007)

- Joint Statement of House Majority Leader Rep. Steny Hoyer and Rep. Jim Sensenbrenner on the Origins of the ADA Restoration Act of 2008, H.R. 3195

ADAAA Rally
Advocacy Documents:

- Fact Sheet on People Covered Under Section 504 of the Rehabilitation Act and People Not Covered by the ADA, from the Georgetown Law Federal Legislation Clinic.  (This chart was attached as an appendix to Chai Feldblum's testimony before the Senate HELP Committee on Nov. 15, 2007; Senator Harkin also used this chart during his testimony at the same hearing.)

- Fact Sheet on The Effects of the Supreme Court's Decisions on Americans with Disabilities, from the Consortium for Citizens with Disabilities


News and Media

- Videos of the Press Conference following the final passage of the ADAAA by the House of Representatives, from the Epilepsy Foundation (September 2008)

- Employer and Disability Alliance Advertisement listing all supporters of the ADAAA, published in Roll Call (September 2008)


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2007 and the ADA Restoration Act


Prior to the ADAAA, Congress attempted to address the serious problems resulting from the Supreme Court's interpretation of the ADA by introducing the ADA Restoration Act of 2007 (ADARA). 

- H.R. 3195, The ADA Restoration Act (July 26, 2007)

- Hearing on H.R. 3195, the “ADA Restoration Act of 2007” Before the House Committee on the Judiciary Subcommittee on the Constitution, Civil Rights & Civil Liberties, 110th Cong. 21-84  (Oct. 4, 2007)

- Letter from R. Bruce Josten, Executive Vice President Government Affairs, Chamber of Commerce of the United States of America to Members of the U.S. House of Representatives (Aug. 22, 2007)

- Letter from Congressman Steny Hoyer, House Majority Leader and Congressman F. James Sensenbrenner to Thomas J. Donohue, President and CEO U.S. Chamber of Commerce (Sept. 27, 2007)

- Memorandum from Jeffrey C. McGuiness, President, HR Policy Association to HR Policy Prime Representatives (Sept. 28, 2007)

- Letter from Brian A. Benczkowski, Principal Deputy Assistant Attorney General, U.S. Department of Justice Office of Legislative Affairs to the Honorable George Miller, Chairman, Committee on Education and Labor United States House of Representatives (January 28, 2008)

- Chronology of the ADA Restoration Act, Consortium for Citizens with Disabilities (September 2007)

-(Updated!) Chart comparing state definitions of disability with federal statutory language of the ADA, created by Claudia Center and Anne Hill of The Legal Aid Society - Employment Law Center in California

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2000 to 2006


Before members of Congress and the disability community developed the ADA Restoration Act, a series of S
upreme Court decisions triggered the beginning of a conversation about the definition of disability under the ADA.

 - The Americans with Disabilities Act Policy Brief Series:  Righting the ADA, No. 1:  Introductory Paper National Council on Disability (October 16, 2002)

- Definition of Disability Under Federal Anti-Discrimination Law: What Happened? Why? And What Can We Do About It? by Chai R. Feldblum, Berkeley Journal on Employment and Labor (2000)

- The Art of Legislative Lawyering and the Six Circles Theory of Advocacy by Chai R. Feldblum, McGeorge Law Review (2003)


Relevant Cases:

- Kelly v. Metallics West, Inc., 410 F.3d 670 (10th Cir. 2005) - plaintiff needed oxygen device to breathe

- Didier v. Schwan Food Co., 387 F. Supp. 2d 987 (W.D. Ark. 2005)

- D'Angelo v. ConAgra Foods, Inc., 422 F.3d 1220 (11th Cir. 2005) - plaintiff had vertigo resulting in spinning and vomiting

- Williams v. Philadelphia Housing Auth. Police Dept, 380 F.3d 751 (3d Cir. 2004) - plaintiff had major depressive disorder

- Lorinz v. Turner Const. Co., 2004 WL 1196699, *8 n.7 (E.D.N.Y. May 25, 2004) - plaintiff had depressive disorder and anxiety

 - Miller v. Heritage Prod., Inc., 2004 WL 1087370, *10 (S.D. Ind. Apr. 21, 2004) - plaintiff had back injury and could not lift more than 20 pounds, bend or twist

- McMullin v. Ashcroft, 337 F. Supp. 2d 1281 (D. Wyo. 2004) - clinical depression

- Tockes v. Air-Land Transport Services, Inc., 343 F.3d 895 (7th Cir. 2003)

- E.E.O.C. v. J.B. Hunt Transport, Inc., 321 F.3d 69 (2d Cir. 2003)

- Kaplan v. City of N. Las Vegas, 323 F.3d 1226, 1231–33 (9th Cir. 2003)

- Orr v. Wal-Mart Stores, Inc., 297 F.3d 720 (8th Cir. 2002) - diabetes

- Pimental v. Dartmouth-Hitchcock Clinic, 236 F. Supp. 2d 177 (D.N.H. 2002)

- Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002)

- Chevron U.S.A., Inc. v. Echazabal, 536 U.S. 73 (2002)

- U.S. Airways, Inc. v. Barnett, 535 U.S. 391 (2002)

- Jacques v. DiMarzio, Inc., 200 F. Supp.2d 151 (E.D.N.Y. 2002) - plaintiff had bipolar disorder

- Jewell v. Reid’s Confectionary Co., 172 F. Supp.2d 212 (D. Me. 2001) - plaintiff had heart attack

- Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources, 532 U.S. 598. (2001)

- Equal Employment Opportunity Comm'n v. Sara Lee Corp., 237 F.3d 349 (4th Cir. 2001)

- Epstein v. Kalvin-Miller International, Inc., 100 F. Supp. 2d 222 (S.D.N.Y. 2000)

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1991 to 1999


Regulations:


- 28 C.F.R. pt. 3656 - Department of Justice Regulations codifying the ADA into Federal Regulations 35544, July 26, 1991

- Appendix to 29 C.F.R. pt. 1630 - Interpretive Guidance on Title I of the Americans with Disabilities Act, Equal Employment Opportunity Commission (EEOC) Regulations, 1999


Law Review Articles:

- The (R)evolution of Physical Disability Antidiscrimination Law: 1976-1996 by Chai R. Feldblum, Mental & Physical Disability Law Report, 1996

- Medical Examinations and Inquiries Under the Americans with Disabilities Act: A View from the Inside, by Chai R. Feldblum, Temple Law Review, 1991


Relevant Cases:

- Sutton v. United Airlines, Inc., 527 U.S. 471 (1999) - Supreme Court case challenging the airline's minimum vision requirements

- Murphy v. United Parcel Service, Inc., 527 U.S. 516 (1999)

- Albertson’s, Inc. v. Kirkingburg, 527 U.S. 555 (1999)

- Todd v. Academy Corp., 57 F. Supp. 2d 448 (S.D. Tex. 1999) - epilepsy

- Sutton v. New Mexico Dept. of Children, Youth and Families, 922 F. Supp. 516 (D.N.M. 1996) - arthritis

- Sorensen v. University of Utah Hosp., 194 F.3d 1084 (10th Cir. 1999) - multiple sclerosis

- Phillips v. Wal-Mart Stores, Inc., 78 F. Supp. 2d 1274 (S.D. Ala. 1999)

- Katz v. City Metal Co., Inc., 87 F.3d 26 (1st Cir. 1996) - plaintiff had heart attack

- Weber v. Strippit, Inc., 186 F.3d 907 (8th Cir. 1999)

- Workman v. Frito-Lay, Inc., 165 F.3d 460 (6th Cir. 1999)

- Newberry v. E. Texas State Univ., 161 F.3d 276 (5th Cir. 1998)

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1990 and the Americans with Disabilities Act (ADA)


 In 1990, after several rounds of negotiations and hearings, Congress enacted the ADA and, in doing so, marked a significant advancement for the civil rights of people with disabilities.  The ADA provided comprehensive protections against disability discrimination in employment, public services, public accommodation and services operated by private entities, transportation and telecommunications. 

- The Americans with Disabilities Act, Public Law 101-336 (1990)

- Remarks of President George H.W. Bush, at the Signing of the Americans with Disabilities Act of 1990 on July 26, 1990

- Congressional Record for the House of Representatives, July 12, 1990 - Results of vote to pass House Report on the ADA

- Congressional Record for the Senate, July 13, 1990 - Results of vote to pass Senate Report on the ADA

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1980 to 1989

 
Legislative History:

- Hearing on S. 2345 Before the Subcommittee of the House Committee on Education and Labor, September 27, 1988

- S. 2345, Americans with Disabilities Bill in the 100th Congress, April 28, 1988


Advocacy Documents:

- On the Threshold of Independence, National Council on the Handicapped, 1988

- Toward Independence, National Council on the Handicapped, 1986


Relevant Cases:

- Local 1812, Am. Fed’n. of Gov’t Employees v. U.S., 662 F. Supp. 50 (D.D.C. 1987) - person with HIV found disabled

- Reynolds v. Brock, 815 F.2d 571 (9th Cir. 1987) person with epilepsy found disabled

- Flowers v. Webb, 575 F. Supp. 1450 (E.D.N.Y. 1983) - person with intellectual and developmental disabilities found disabled

- Schmidt v. Bell, No. 82-1758, 1983 WL 631 (E.D. Pa. Sept. 9, 1983) - person with PTSD found disabled

- Bentivegna v. U.S. Dep’t of Labor, 694 F.2d 619 (9th Cir. 1982) - person with diabetes found disabled

- Pushkin v. Regents of Univ. of Colo., 658 F.2d 1372 (10th Cir. 1981) - person with multiple sclerosis found disabled

- School Bd. of Nassau County v. Arline, 480 U.S. 273 (1987)

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News and Cool Stories

 
- Article about Georgetown Law's facility designs for accessibility from the Universal Design Newsletter (October 2008)

- National Association of County Behavioral Health and Developmental Disability Directors (NACBHDD) October/November 2008 Newsletter discussing the impact of the ADA Amendments on NACBHDD's consumers

- NACBHDD December 2008 Newsletter discussing additional information about the ADA Amendments as the January 1, 2009, implementation date approached

- Blog posting on "All-Inclusive Rights: Resources on International Disability Rights" from the IntLawGrrls blog

- The Americans with Disabilities Act Manual Newsletter from December 2008, published by the Bureau of National Affairs, includes an article by Chai Feldblum on the ADA Amendments Act (starting on page 9)

- Press Release from Georgetown University Law Center on the passage of the ADA Amendments Act, September 2008

- Testimony of North Dakota Department of Labor before the ND Human Services Committee on HB 1092, a bill to amend the disability definition in the North Dakota Human Rights Act to follow the definition adopted by the ADA Amendments Act (January 7, 2009).  The ND Department of Labor Commissioner proposed that the definition of disability apply to public accommodations as well as employment.  Click here to read the bill, HB 1092, itself. 

- Jenkins v. Nat'l Bd. of Med. Examiners, No. 08-5371  (6th  Cir.  2009)  -  ruling from the U.S. Sixth Circuit Court of Appeals holding that the ADA Amendments Act applies to cases pending before enactment when the relief sought is prospective in nature (i.e. a reasonable accommodation).  

- Rohr v. Salt River Project, No. 06-16527  (9th  Cir. 2009)  - ruling from the U.S. Ninth Circuit Court of Appeals holding that a man with insulin dependent type-2 diabetes qualifies as disabled under the ADA as originally passed. The court also held, however, that the ADA Amendments Act can be considered when examining cases under the original ADA as the Act "sheds light on Congress' original intent when it enacted the ADA."  Click here to read the Los Angeles Times article on the decision.

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Links

 
- ADAbill.com -Securing the Promise

- Policy Brief Series: Righting the ADA Papers, National Consortium on Disability

- ADA Restoration Page, Consortium for Citizens with Disabilities Rights Task Force

- American Association of People With Disabilities

- Bazelon Center for Mental Health Law

- ADA Restoration Blog

- House Committee on Education and Labor

- Georgetown Law Federal Legislation and Administrative Clinic

- Biography of Chai Feldblum, Georgetown Law

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Contact Information


Please view the Biography of Chai Feldblum (Georgetown Law), or contact her via email with questions about her article or this archive.  Thank you.