WASHINGTON Officials of the National Restaurant Association praised the U.S. House of Representatives for passing a compromise version of a bill that updates the 18-year-old Americans With Disabilities Act.
The bipartisan-backed ADA Amendments Act of 2008, or HR 3195, broadens the definition of what constitutes a disability to encompass individuals with a mental or physical impairment that "substantially" restricts a major life activity. The measure brings those persons under the law's protection in the workplace.
The language of the original version, called the ADA Restoration Act of 2007, would have expanded protection much further, potentially including people with a cold or the flu, the NRA said.
"It would have been much worse for the business community," said Mike Shutley, the NRA's director of legislative affairs.
The retooled measure also places the burden of proof on the individual in disputes over whether a person is physically or mentally capable of holding a particular job. The original measure made the employer responsible for proving that an individual was incapable of doing a job.
The ADA Amendments Act was the result of negotiations between members of the business community and groups representing disabled persons, Shutley said.
Shutley acknowledged the new measure could result in an increase of ADA-related lawsuits. But he added: "This is a much better bill than we originally were facing. We've come a long way from the first bill."
The House passed the ADA Amendments Act by an overwhelming vote of 402 to 17. The measure now moves to the Senate.