Support the ADA Restoration Act of 2007

Epilepsy Foundation

Urge Representatives to Join as Co-Sponsors by July 26

Ed: for Canada see end of article.

House Majority Leader Steny Hoyer (D-MD) and Representative James Sensenbrenner (R-WI) issued a Dear Colleague letter asking their fellow Representatives to become co-sponsors of the ADA Restoration Act of 2007.

Recent court decisions have dramatically limited the scope of the Americans with Disabilities Act such that most people with epilepsy are deemed not to have a disability and therefore cannot seek legal recourse if they are discriminated against because of their epilepsy. The Epilepsy Foundation has called on Congress to pass legislation which would clarify this issue and restore the ADA to its original intent.

Epilepsy Advocates should contact their Representatives and urge them to sign the Dear Colleague letter and become an original cosponsors of the ADA Restoration Act, no later than July 26, the anniversary of the passage of the ADA.

You can take action by sending your Representative the ADA action alert. We encourage you to personalize the alert with your own experience with epilepsy.

The Americans with Disabilities Act was passed by Congress and signed into law by President George H.W. Bush in 1990 to give people with disabilities equal rights in our country – including in the workplace.

Until 1999 there was little fanfare about whether a person with epilepsy is covered by the ADA, or its model counterpart, the Rehabilitation Act of 1973. Most cases presumed that epilepsy was a covered disability.

Since 1999 though, courts have been struggling with figuring out exactly who should benefit from the ADA. It was in 1998 that the Supreme Court handed down its now landmark decision in Sutton v. United Airlines, requiring that the effect of mitigating measures (such as taking medication) be considered in determining if someone has a disability under the ADA.

Since then, courts have recognized that epilepsy is a disability in only a few cases. As a result, people with epilepsy are questioning whether they are even entitled to the protections of the law. Even more troubling is that employers, public accommodations, schools and state agencies have also begun to ask the same question.

Just like other Americans, people with disabilities can and want to work to their full ability. The ADA was passed with overwhelming bipartisan support to create a level playing field so everyone who wants a job has a fair chance to find and keep a job they have the skills to do.

Many people who are trying to work despite having an impairment are not being given a fair chance. The ADA Restoration Act of 2007 would correct this injustice. This legislation restores the basic right of people who have a disability to be judged based on performance – just like women, minorities, and the rest of the American workforce.

Ed: Canada has no legislation similar to the ADA. Some protection is contained in the Charter of Rights and Freedoms; however, legislation to back up the Charter is weak to non-existent. The Ontarians with Disabilities Act is considered largely useless and is presently under revision.