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WASHINGTON, Sept. 13 /PRNewswire-USNewswire/ -- The National Council on
Disability (NCD) today urged Congress to support legislation that will "right"
the course of the Americans with Disabilities Act (ADA) and protect the civil
rights of people with disabilities.
ADA restoration bills were introduced in the House (H.R. 3195) and the
Senate (S.1881) on July 26, 2007. NCD proposed the original ADA legislation,
and is charged with gathering information about the implementation,
effectiveness, and impact of the ADA. In keeping with this requirement, NCD
undertook a two-year study to analyze 19 Supreme Court cases interpreting the
ADA and, in December 2004, released a comprehensive report entitled Righting
the ADA (http://www.ncd.gov/newsroom/publications/2004/righting_ADA.htm).
According to NCD chairperson John R. Vaughn, "NCD's study revealed that
the majority of the Supreme Court's rulings involving the ADA depart
substantially from the core principles and objectives of the ADA, resulting in
unfair outcomes that sanction, rather than remedy, even the most egregious
employment discrimination against people with disabilities."
"Countless federal court cases have followed, in which an employer refuses
to hire or accommodate an individual with a disability because of the
disability, but then is allowed to argue that the person does not have a
disability. Rarely are the individual's qualifications for the job evaluated,
nor is the alleged discrimination examined.
"The purpose of the ADA is 'to provide a clear and comprehensive national
mandate for the elimination of discrimination against individuals with
disabilities.' While the provisions of the ADA addressing architectural,
transportation, and communication accessibility have been implemented with
notable success, the employment provisions of the ADA essentially have been
rewritten by the Supreme Court, such that these provisions no longer provide
the opportunities and protections expressly intended by those involved in the
creation and passage of the ADA.
"NCD's two recent ADA reports, Implementation of the Americans with
Disabilities Act: Challenges, Best Practices, and New Opportunities for
Success
(http://www.ncd.gov/newsroom/publications/2007/implementation_07-26-07.htm)
and The Impact of the Americans with Disabilities Act: Assessing the Progress
Toward Achieving the Goals of the ADA
(http://www.ncd.gov/newsroom/publications/2007/ada_impact_07-26-07.htm) both
confirm that legislation is urgently needed to restore the ADA to ensure
equality of opportunity, full participation, independent living, and economic
self-sufficiency for all Americans with disabilities," Vaughn concluded.
NCD is an independent federal agency and is composed of 15 members
appointed by the President, by and with the advice and consent of the Senate.
It provides advice to the President, Congress, and executive branch agencies
to promote policies, programs, practices, and procedures that guarantee equal
opportunity for all individuals with disabilities, regardless of the nature or
severity of the disability, and to empower individuals with disabilities to
achieve economic self-sufficiency, independent living, and inclusion and
integration into all aspects of society.
SOURCE National Council on Disability
CONTACT: Mark S. Quigley of National Council on Disability, +1-202-272-2004
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