It is not unusual for hot button issues to become hotter button issues in an election year. It is also not unusual for Congress to make a push during the summer/early fall months to get legislation passed before it adjourns in time to make last minute election pushes for the candidates. So, it's not unusual that a few matters are facing our legislators as the session winds down.
Of particular interest to employers is legislation that easily passed the House concerning amendments to the Americans With Disabilities Act ("ADA"), H.R. 3195. The legislation attempts to address the myriad of decisions from various circuits as well as the U.S. Supreme Court. For instance, "substantially limits" would still be part of the ADA definition of "disability," although the House measure would redefine the concept as "materially restricts." Additionally, the legislation would prohibit consideration of mitigating measures (such as medication) except eyeglasses/contacts when assessing whether someone is "disabled" as defined by the Act.
Should you have a particular interest in this measure, consider contacting your Senator (as the bill now moves to the Senate for approval) and voicing your opinion. It is an election year, after all!
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