Articles Posted in Disability Discrimination

House of Representatives Approves Amendments to Restore the Americans With Disabilities Act to Protect Disabled Employees From Discrimination.

On June 25, 2008, the United States House of Representatives approved an amendment to the Americans with Disabilities Act of 1990 (“ADA”) by a vote of 402 to 17. The ADA is a federal law which prohibits discrimination against individuals with disabilities, both in the context of employment and places of public accommodation, such as restaurants, hotels, theaters, doctors’ offices, pharmacies, retail stores, museums, libraries, parks, private schools, and day care centers. However, courts have interpreted the ADA so narrowly that according to at least one study over 97% of cases filed under the ADA are dismissed, primarily due to the fact that the individual bringing the case could not meet the statute’s definition of “disability.”

The United States Senate still has not voted on the bill, which is known as the ADA Restoration Act of 2008. If the Senate were to approve the Act, it would need to be signed into law by the President before it would go into effect.

On May 21, 2008, President Bush signed the Genetic Information Nondiscrimination Act (GINA”) of 2008. The statute had previously passed the Senate unanimously and the House by a 414 to 1 vote. Upon the President signing it, GINA went into effect immediately.

The Genetic Information Nondiscrimination Act prohibits discrimination on the basis of genetic information with respect to health insurance and employment. Congress passed it in recognition that there are great opportunities for medical advancement from sequencing the human genome and other genetic advances. However, those advances are threatened by the potential for employers and health insurance companies to misuse genetic information to discriminate. Congress noted the historical discrimination and oppression of individuals who were presumed to have genetic defects, specifically mentioning mental retardation, mental disease, epilepsy, blindness, and hearing loss in the statute. Congress also recognized the prevalence of genetic discrimination in the workplace.

As it applies to the context of the workplace, the Genetic Information Nondiscrimination Act makes it unlawful to use genetic information as a reason to refuse to hire or fire, or to discriminate against any employee with respect to compensation or other terms, conditions, or privileges of employment. It also prohibits employers from using genetic information to limit, segregate, or classify employees in a way that deprives employees of job opportunities, or otherwise adversely affects them. With limited exceptions, it also prohibits employers from seeking genetic information regarding an employee or a family member.