WASHINGTON
Congress gave final approval on Wednesday to a major civil rights bill,
expanding protections for people with disabilities and overturning several
recent Supreme Court decisions.
The voice vote in the House, following Senate passage by unanimous consent
last week, clears the bill for President Bush.
The White House said Mr. Bush would sign the bill, just as his father
signed the original Americans With Disabilities Act in 1990.
The bill expands the definition of disability and makes it easier for
workers to prove discrimination. It explicitly rejects the strict standards used
by the Supreme Court to determine who is disabled.
The bill declares that the court went wrong by ''eliminating protection for
many individuals whom Congress intended to protect'' under the 1990 law.
''The Supreme Court misconstrued our intent,'' said Representative Steny H.
Hoyer of Maryland, the House Democratic leader. ''Our intent was to be
inclusive.''
In an effort to clarify the intent of Congress, the bill says, ''The
definition of disability in this act shall be construed in favor of broad
coverage.''
Representative F. James Sensenbrenner Jr. of Wisconsin, the principal
Republican sponsor in the House, said, ''Courts have focused too heavily on
whether individuals are covered by the law, rather than on whether
discrimination occurred.''
Bills passed with overwhelming support are often insignificant or
noncontroversial, but that was not true for this bill. ''This is one of the most
important pieces of civil rights legislation of our time,'' said Representative
Jim Langevin, Democrat of Rhode Island, who uses a wheelchair.
Disagreements over the bill were worked out in two years of intense
behind-the-scenes negotiations that included members of both parties and people
with disabilities, as well as the National Association of Manufacturers and the
United States Chamber of Commerce.
LeAnne Wilson, chief operating officer of the association, said the bill
would help ''meet the work force needs'' of employers.
Lawrence Z. Lorber, a labor law specialist who represents employers, said
the bill would change the outcome of ''a slew of cases that were thrown out of
court in the past.'' Now, he said, ''employees who have cancer or diabetes or
learning disabilities will get their day in court and are more likely to get
accommodations from employers.''
Lawmakers said that people with epilepsy, diabetes, cancer, multiple
sclerosis and other ailments had been improperly denied protection because their
conditions could be controlled by medications or other measures. In a Texas
case, for example, a federal judge said a worker with epilepsy was not disabled
because he was taking medications that reduced his seizures.
In deciding whether a person is disabled, the bill says, courts should not
consider the effects of ''mitigating measures'' like prescription drugs, hearing
aids and artificial limbs. Moreover, it says, ''an impairment that is episodic
or in remission is a disability if it would substantially limit a major life
activity when active.''
Senator Tom Harkin, Democrat of Iowa, the chief sponsor of the bill, said:
''The Supreme Court decisions have led to a supreme absurdity, a Catch-22
situation. The more successful a person is at coping with a disability, the more
likely it is the court will find that they are no longer disabled and therefore
no longer covered under the A.D.A.''
Senator Orrin G. Hatch, Republican of Utah, said the bill, by establishing
more generous coverage and protection, ''will make a real difference in the
lives of real people.''
Copyright 2008 The New York Times Company