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Americans with disabilities act bill to widen scope of laws

BY CHARLES GREGG-GEIST
Daily News Editor
Published July 6, 2008

A bill to update the Americans with Disabilities Act of 1990, now under consideration in the U.S. Senate, may have major repercussions for employers across the country. But it appears the legislation will have very little effect on the University.

The Americans with Disabilities Amendment Act, passed by the U.S. House of Representatives two weeks ago, would expand the definition of a disability and require accommodations be made even for employees with disabilities that can be mitigated.

The bill would reject a number of court rulings that narrowed the definition of a disability and eliminate language in the original law that limited protections. Courts have denied disability protection for employees with conditions including cancer and epilepsy because their diseases were in remission or could be managed through medication.

The new law would define a disability as anything that "materially restricts" a "major life activity," including thinking, communicating, learning and bodily functions. Under the ADA, employers are required to provide "reasonable accommodation" to employees with disabilities and universities must do the same for students.

The University's anti-discrimination policies say this includes providing students with note-taking services, large and Braille text reading materials, American Sign Language interpreters and extra time on tests.

If signed into law, the bill would require some changes to University disability and non-discrimination policies. Such changes could broaden the services the University provides employees, but Anthony Walesby, director of the Office of Institutional Equity, said it's too soon to tell.

Walesby said he couldn't be sure what effects the new law would have because accommodations under the ADA are determined on a case-by-case basis. In addition, the University has no way of identifying students or employees who might be eligible for assistance. Individuals must come forward and request accommodation.

The law probably wouldn't have a significant effect on students because the University provides more accommodations than required by the ADA, Walesby said.

Sam Goodin, director of the University's Office of Services for Students with Disabilities, said there are other reasons the legislation may not have a large impact on the University. Most of the 920 students SSWD works with have learning disabilities, the protections for which have remained mostly intact since the ADA's passage in 1990, he said.

Goodin said it's generally easier to accommodate students than employees. A deaf student may need no more aid than for another student to photocopy their notes after each lecture, whereas a deaf employee would need many other accommodations.

"The most common accommodations that we request is a little more time to complete tests," he said. "It's just a different world from when you're employing someone 40 hours a week."

Lawmakers supporting the legislation, which passed the House 402-17, said it would restore the intent behind the ADA, which they said has been eroded over the last 18 years.

"We make it clear today that a cramped reading of disability rights will be replaced with a definition that is broad and fair," said Rep. Steny Hoyer, the Maryland Democrat who sponsored the bill, speaking on the House floor.

"This bill will ensure that the courts no longer misinterpret who the ADA is meant to cover," said Congressman John Dingell, a Democrat whose district includes Ann Arbor, in a written statement. "(It) will make clear that no one with disabilities will be subject to discrimination."