ADA Restoration Act

As many of the people reading this might be aware, there is a push to update the ADA (American's with Disabilities Act). http://www.aapd-dc.org/News/adainthe/indexada_restore.php

Basically, judges have eliminated many of the protections of the ADA. It's the only civil rights legislation where you have to first prove that you deserve to be protected. It would be like having to prove that you are black enough to not be discriminated against for being black. It also tries to decide who is "disabled enough" to need protection. I say if an employer won't hire you because of your disability, you're disabled enough.

Critics say that it would kill small businesses. http://www.employmentblawg.com/2008/does-the-ada-americans-with-disabilities-act-need-restoration/ By expanding the definition of disability, it would end up including everyone who had even a minor physical "imperfection." Of course, this ignores the fact that you shouldn't be discriminating against employees because of scars either, and that the ADA only comes into effect when there is discrimination. So I actually find that to be an odd argument.

Another objection is that it still considers someone disabled if there are medications or assistive technology (including glasses) that can mitigate the disability. Well, if someone is being fired because they need glasses then that's a pretty stupid reason, and it probably shouldn't be allowed. You shouldn't be fired for being hard of hearing just because you have hearing aids. You shouldn't be fired for being diabetic even if you control it with insulin. So what's the issue here?

Finally, critics object to the idea that the ADA would then force employers to PROVE that a person can't be qualified to do a job even with accommodations, or PROVE that the accommodations are not reasonable. It takes the burden of proof off the person with the disability and onto the employer. I'm not quite understanding why that's a problem, but the article I linked to seems to think that this will have people with disabilities suing over every management decision. Again, ignoring the issue that it only comes into effect if there is discrimination.

I know first hand how hard it can be to get a job when you are disabled. I've seen people look at the chair in an interview and wonder how much hiring me will cost them. And I'm sick of it.