Congress passes expansion of disability law

Legal News Feed

Someone who takes medication to control epilepsy or diabetes could end up in a situation where he or she is no longer eligible for protection under the Americans With Disabilities Act.

It's a "terrible Catch-22," House Education and Labor Committee Chairman George Miller, D-Calif., said Wednesday as the House passed, and sent to the White House, legislation aimed at assuring that the ADA lives up to its promise of protecting the disabled from discrimination.

The 1990 law is widely regarded as one of the major features of civil rights legislation in the 20th century because it ensured that the disabled have access to public buildings and accommodations, thus giving them better access to the workforce. But the Supreme Court has generally exempted from the law's anti-discrimination protections those with partial physical disabilities or impairments that can be treated with medication or devices such as hearing aids.

The Supreme Court has slowly chipped away at the broad protections of the ADA and has created a new set of barriers for disabled Americans," said Rep. James Sensenbrenner, R-Wis., a chief sponsor of the bill along with House Majority Leader Steny Hoyer, D-Md.

The bill directs the courts toward a more generous application of the ADA's definition of disability, making it clear that Congress intended the ADA's coverage to be broad and to cover anyone facing discrimination because of a disability.

"It will afford millions of individuals with access to the courts under the ADA and clarifies that anyone with a disability is protected from unfair discrimination," AARP senior vice president David P. Sloane said after the Senate passed the measure by voice vote last week.

The House passed the measure by voice vote as well. But Hoyer noted that it took months of difficult negotiations involving the business community and advocates for the disabled to find the right balance between the rights of the disabled and the obligations of employers.

Related listings

  • US court won't resurrect lawsuit in CIA leak case

    US court won't resurrect lawsuit in CIA leak case

    Legal News Feed 08/12/2008

    A federal appeals court has refused to resurrect a lawsuit that former CIA operative Valerie Plame brought against members of the Bush administration.Plame accused Vice President Dick Cheney and several former high-ranking administration officials of...

  • Schwarzenegger sues controller to force pay cuts

    Schwarzenegger sues controller to force pay cuts

    Legal News Feed 08/12/2008

    Gov. Arnold Schwarzenegger and California's top payroll official are headed for a court fight over the governor's attempt to cut the pay of about 175,000 state employees until lawmakers approve a budget.A lawsuit against state Controller John Chiang ...

  • Lawyers for Mexican say execution violates treaty

    Lawyers for Mexican say execution violates treaty

    Legal News Feed 08/05/2008

    Condemned prisoner Jose Medellin looked to the federal courts to keep him from the death chamber Tuesday for his part in the gang rape, beating and strangling of two teenage girls 15 years ago.The Mexican-born Medellin, 33, faced lethal injection in ...

Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

Business News

St Peters, MO Professional License Attorney Attorney John Lynch has been the go-to choice for many professionals facing administrative sanction. >> read