Monday, July 7, 2008
The Michigan Daily - michigandaily.com
3
AMERICANS WITH DISABILITIES ACT
Bill to widen scope of disability laws
Effects will likely be
minimal on campus
By CHARLES GREGG-GEIST
Daily News Editor
A bill to update the Americans
with Disabilities Act of 1990, now
under consideration in the U.S. Sen-
ate, 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 Disabili-
ties 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 elimi-
nate 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 think-
ing, communicating, learning
and bodily functions. Under the
ADA, employers are required to
provide "reasonable accommo-
dation" to employees with dis-
abilities and universities must do
the same for students.
The University's anti-discrim-
ination 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 ser-
vices the University provides
employees, but Anthony Wales-
by, director of the Office of Insti-
tutional Equity, said it's too soon
to tell.
Walesby said he couldn't be
sure what effects the new law
would have because accom-
modations under the ADA are
determined on a case-by-case
basis. In addition, the Univer-
sity has no way of identifying
students or employees who might
be eligible for assistance. Individu-
als must come forward and request
accommodation.
The law probably wouldn't
have a significant effect on stu-
dents because the University pro-
vides 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 dis-
abilities, 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
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another student to photocopy their
notes after each lecture, whereas
a deaf employee would need many
other accommodations.
"The most common accommoda-
tions 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 legis-
lation, 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 Demo-
crat who sponsored the bill, speak-
ing on the House floor.
"This bill will ensure that the
courts no longer misinterpret who
the ADA is meant to cover," said Con-
gressman John Dingell, a Democrat
whose districtincludes AnnArbor,in
a written statement. "(It) will make
clear that no one with disabilities
will be subject to discrimination."
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