SearchEnding Discrimination
LAC has played a lead role in ensuring that the Americans with Disabilities Act, federal Rehabilitation Act, and numerous state laws protect people in recovery or still suffering from alcohol and drug problems from discrimination.
In September 2008, President Bush signed into law the "ADA Amendments Act." The "ADA Amendments Act," now Public Law 110-325, seeks to expand and strengthen the definition of "disability" in the Americans with Disabilities Act (ADA). Under the Act's provisions, courts are directed to construe the definition of disability more broadly than they have in the past. The current narrow interpretation has led courts to deny protection against discrimination to many people, including those in treatment or otherwise in recovery from drug and alcohol addiction. Congress has expressed its opinion that the new provisions will help interpretations of the ADA conform more closely to the original legislative intent.
Specifically, the Act will:
- Require that courts construe the definition of disability broadly in determining whether an individual should be protected under the ADA
- Clarify that a "disability" is defined as a current or past physical or mental impairment, or being regarded as having such an impairment, that substantially limits a major life activity or a major bodily function of an individual; the legislation includes a broad non-exhaustive list of activities that constitute major life activities, such as caring for oneself, learning, reading, concentrating, thinking, communicating and working
- State that impairments that are episodic or in remission must be considered as disabilities if they would materially restrict a major life activity when the impairment is active
- Prohibit courts, in determining whether an impairment substantially limits a major life activity, from looking at whether the individual has taken measures to mitigate the effects of the impairment
For more information on the ADA Reauthorization, Click here.
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