March 1, 2008
Southwest California Businesses Act on
Federal ADA Revisions
The
Temecula Valley, Murrieta and Lake Elsinore Valley Chambers
through their regional advocacy coalition, the Southwest
California Legislative Council (SWCLC) oppose a federal
piece of legislation that aimed to expand Americans with
Disabilities Act of 1990 (ADA) with negative consequences
for business. H.R. 3195 (Hoyer) would greatly expand ADA’s
scope and create unnecessary lawsuits.
Proponents of H.R. 3195 believe the proposed federal piece
of legislation is needed because it has been argued that
federal courts have improperly interpreted the ADA and have
inappropriately narrowed its scope. As it stands now, the
ADA currently considers a person "disabled" if he or she has
a physical or mental impairment that "substantially limits a
major life activity." H.R. 3195 would extend this to include
minor or temporary impairments like near-sightedness,
headaches, small scars, or even "tennis elbow."
SWCLC believes this would create incomprehensible damages to
businesses throughout not only the Southwest region, but all
over the United States. H.R. 3195 would broaden the scope to
included an employee with a minor cut requiring stitches be
put into the same category as a returning veteran who lost
an arm or leg. This would lead to certain increases in
requests for "accommodation" which in turn, overwhelm
employers, making it harder for them to assist the severely
disabled.
