HOYER: AGGRESSIVE ACTION NEEDED TO RESTORE THE INTENT OF THE AMERICANS WITH DISABILITIES ACT

"Supreme Court Decisions Are a Clear Example of Judicial Activism"

October 21, 2004

WASHINGTON - House Democratic Whip Steny Hoyer (MD) today delivered the first annual Tony Coelho Lecture in Disability Employment Law and Policy at New York Law School.  Rep. Hoyer, who was the lead House sponsor of the 1990 Americans with Disabilities Act (ADA), focused his speech on the unfulfilled promise of the ADA and the urgent need to address the weakening of protections afforded to people with disabilities.  Click here to see the full speech text.  The following are excerpts from Rep. Hoyer's speech:

------- "The ADA - the world's first comprehensive declaration of equality for people with disabilities - was an explicit statement that a disability need not result in exclusion, paternalism or dependence.  Under this new law, Americans with disabilities were guaranteed that employers could not discriminate against them simply because they have a disability.

"And over the last 14 years, there is no question that the ADA has ushered in significant change.  Ramps, curb cuts, Braille signs, and assistive listening devices at movie theaters.  Signs of progress surround us.

 "Thousands of Americans with disabilities have joined the workforce - which, in the words of the first President Bush, unlocked 'a splendid resource of untapped human potential, that when freed will enrich us all.'

"However, our progress and the best efforts of so many in the business community must not obscure this fact: The promise of the ADA remains unfulfilled for far too many of America's 54 million citizens with a disability."

-------  "Equally troubling are the recent decisions by the United States Supreme Court that narrow the scope of the ADA and undermine Congressional intent.

"My friends on the Republican side of the aisle talk a lot about 'judicial activism.'  But there is no worse example of judicial activism than what the Supreme Court and lower federal courts have done regarding the ADA.

"I believe it's clear that the time has come for the United States Congress to get serious about restoring the original intent of the Americans With Disabilities Act, which passed Congress with overwhelming bipartisan majorities and which has enjoyed the strong support of Presidents of both major political parties.

--------- "Given the adverse rulings by the Supreme Court and lower courts, the time has come for us to consider aggressive legislative action in Congress to address the unmistakable weakening of the protections afforded under the ADA.

Rep. Hoyer set forth four broad principles that should guide ADA restoration efforts, although he pointed out that this is not a comprehensive list:

            "First, Congress must make unmistakably clear that we intended the phrase 'disability' to include every person in America with a disability, not merely those who can avoid interpretational traps constructed by hostile courts. 

".... Second, I believe that we must make clear that determinations of disability should be made without regard to mitigating measures, or whether the impairment is episodic in nature.

            "...Third, in light of the Court's decision in Echazabal, we must clarify that people with disabilities can make decisions for themselves, just like all other Americans.  When we wrote the ADA we understood that there should be a defense available to employers if an employee poses a threat to others.  However, we never intended that the law should be interpreted by the courts to allow employers to assert a 'risk-to-self' defense.  That kind of out-dated, paternalistic reaction based on old stereotypes and prejudices is exactly the type of behavior that the ADA was intended to eliminate.

            "And fourth: We should make clear that both employers and employees with disabilities owe an obligation to sit down and find truly reasonable accommodations." 

-------- "Despite the broad bipartisan support for the ADA, the current Republican-controlled Congress is not a particularly friendly climate for the ADA or other civil rights laws.

            "We have surely traveled a long way from the day when the President's father demonstrated such a courageous commitment to the ADA, and when the Senate Republican Majority Leader - Bob Dole - was a driving force in enacting this law.

           "In contrast, President Bush has failed to demonstrate the same level of commitment to these issues... We cannot deny the importance of our upcoming national election on the future course of the ADA and our desire to ensure that this landmark law fulfills its promise."
 

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