1. The Future of Disability Rights Law
Sherrie Brown
LSJ 434
Winter 2009

2. Congress v. Supreme Court
Former President Bush signed the ADA Amendments on September 25, 2008.
Act rejects some EEOC regulations and US Supreme Court decisions that had changed previous understandings of ADA definition of “disability.”
Effective January 1, 2009.

3. Specific Changes include:
ADA continues to use the earlier “classic” statutory definition but changes the judicial/regulatory interpretations:
Mandates EEOC to revise regulations defining “substantially limits.”
Expands the definition of “major life activities” by including 2 non- excusive lists—previous EEOC activities and major bodily functions.
Mitigating Measures “other than ordinary eyeglasses or contact lenses” shall not be considered when determining disability.
Impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
Individuals covered only under the “regarded as” prong of the definition are not entitled to reasonable accommodation.
Disability should be interpreted broadly.
Prohibits discrimination on the basis of disability in Title I.

4. What doesn’t it do?
Change the “fundamental alteration” standard or any of the defenses covered entities can employ…except perhaps “qualified” in Title I.
At the end of this class…do you think the ADA/Rehabilitation Act, etc. have been successful in addressing discrimination on the basis of disability?

5. Globalization of Disability Rights
ISSUE:
“People with disabilities have less education, lower income levels, and are more likely to live below the poverty line than the rest of the population in any given country, including in the US.”
SOLUTION?
The “human rights model of disability” or the “social model of disability” or the “civil rights model of disability.”
“The disability rights debate is not so much about the enjoyment of specific rights as it is about ensuring the equal effective enjoyment of all human rights, without discrimination, by people with disabilities…the debate about the rights of the disabled is therefore connected to a larger debate about the place of difference in society.”

6. Should the USA sign/ratify the UN Convention?
Does it add anything to our national laws?
Does it serve any political or “moral” purpose?
Would it change anything?

7. Will we sign/ratify?
Senator Harkin’s draft proposal on the floor of Congress in 2003—resolution in support.
Obama made campaign commitment to sign and urge ratification.
Justensens’ concerns/criticisms:
A commitment to the new treaty “merely to appear deferential to the needs of individuals with disabilities would be disastrous.”
No design standards included/adopted.
Committee does not require participation of individuals with disabilities.
Domestic law and policy is stronger than the UN Convention.

8. What would/will/can you do?