ADA Amendments Act of 2008

Floor Speech

ADA AMENDMENTS ACT OF 2008

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Ms. HIRONO. Madam Speaker, I rise today in strong support of H.R. 3195, the ADA Restoration Act of 2007. I would like to thank the chief sponsor of the bill, Majority Leader Steny Hoyer, and the chairman of the Education and Labor Committee, George Miller, for their leadership and work on disability rights.

Congress passed the Americans with Disabilities Act, ADA, 18 years ago with overwhelming support from both parties and President George H.W. Bush. The intent of Congress was clear: to make this great Nation's promise of equality and freedom a reality for Americans with disabilities.

Standing together, leaders from both parties described the law as ``historic,'' ``landmark,'' an ``emancipation proclamation for people with disabilities.'' These were not timid or hollow words. The congressional mandate was ambitious: prohibit unfair discrimination and require changes in workplaces, public transportation systems, businesses, and other programs or services.

Through this broad mandate, Congress intended to protect anyone who is treated less favorably because of a current, past, or perceived disability. As with other civil rights laws, Congress wanted to focus on whether an individual could prove that he or she had been treated less favorably because of a physical or mental impairment. Congress never intended for the courts to seize on the definition of ``disability'' as a means of excluding individuals with serious health conditions like epilepsy, diabetes, cancer, HIV, muscular dystrophy, and multiple sclerosis from protection under the law.

Yet this is exactly what has happened. Through a series of decisions interpreting the definition of ``disability'' narrowly, the U.S. Supreme Court has inappropriately shifted the focus away from an employer's alleged misconduct onto whether an individual can first meet a ``demanding standard for qualifying as disabled.''

Millions of Americans who experience disability-based discrimination have been or will be denied protection under ADA and barred from challenging discriminatory conduct. By passing H.R. 3195, the Congress will be able to correct these decisions made by the courts.

H.R. 3195 would do this by: amending the definition of ``disability'' so that individuals who Congress originally intended to protect from discrimination are covered under the ADA; preventing the courts from considering ``mitigating measures'' when deciding whether an individual qualifies for protection under the law; and keeping the focus in employment cases on the reason for the adverse action. The appropriate question is whether someone can show that he or she was treated less favorably ``on the basis of disability'' and not whether an individual has revealed enough private and highly personal facts about how he or she is limited by an impairment. The bill reminds the courts that--as with any other civil rights law--the ADA must be interpreted fairly, and as Congress intended.

As an original cosponsor of H.R. 3195, I believe that it rightfully will restore protections for disabled Americans under the landmark ADA, one of our Nation's most important civil rights laws.

I would like to share with you just a few examples of how ADA has made a positive impact for individuals with disabilities in my home State of Hawaii:

An 85 year old Honolulu woman, who is both deaf and blind, is able to access the public transportation system to visit her husband who resides in a long-term care facility far from her home.

The first ``chirping'' traffic light on the island of Kauai was installed at a busy intersection thanks to the work of an advocate for the blind.

The annual Maui County Fair has a special day set aside for people with disabilities to participate in the rides and games.

A Kauai bakery installed a blinking light system on their ovens so that a hearing-impaired employee would be notified when her baking was complete, thus allowing her to work independently.

Each year, the Hawaii State Vocational Rehabilitation and Services for the Blind Division of the Department of Human Services recognizes outstanding clients from the districts they serve. I would like to recognize the following 2007 Rehabilitants of the Year: Deanna DeLeon of the Big Island, Rogie Yasay Pagatpatan of Maui, Serafin Palomares of Kauai, and Tauloa ``Mona'' Pouso`o of Oahu. I would like to include in the Congressional Record their stories of success, as each of these individuals leads a life of inspiration.

I urge my colleagues to join me in voting for H.R. 3195 so we can continue to build on the successes of the Americans with Disabilities Act. Mahalo (thank you).

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