Agency presses Bush to broaden rights for the disabled

Seeks legislation to restore 'original intent' of '90 law

November 30, 2004|Associated Press

WASHINGTON -- An independent federal agency wants President Bush to propose changes in the nation's landmark disability act, citing Supreme Court decisions it says have reduced the status of disabled people "to that of second-class citizens."

The National Council on Disability, which advises Congress and the president, said in a report to be released tomorrow that legislation is needed to restore the original intent of the 1990 Americans with Disabilities Act.

The council proposed an ADA Restoration Act, which it likened to the Civil Rights Restoration Act of 1987, passed by Congress to broaden the civil rights law enacted two decades earlier.

Specifically, the council said Congress should bar discrimination against anyone "on the basis of disability," a change from the current wording, which bars discrimination "against an individual with a disability."

The latter wording tends to be narrowly construed and has often resulted in judges trying to decide whether someone actually has a life-altering disability and thus qualifies for protection, the council said.

"All Americans are potentially susceptible to discrimination on the basis of disability, whether they actually have physical or mental impairments and regardless of the degree of any such impairment," said the council report, which was sent to the president.

The 1990 law, signed by President George H.W. Bush, was intended to ensure equal rights for the disabled and has brought a host of changes in workplaces, transportation, communication, and other aspects of American life.

Among other things, companies must make reasonable attempts to accommodate workers with physical impairments, while buildings, transportation, and other public facilities must be accessible to all.

The council cited "negative court decisions" it said have narrowed or cut back the influence of the law.