Jeff Bingaman United States Senator from New Mexico

WASHINGTON -- The U.S. Senate took an important step in eliminating discrimination against individuals with disabilities by unanimously passing the Americans with Disabilities Act Amendments of 2008.    

The bill sets forth clear and consistent standards of who is entitled to protection under the Americans with Disabilities Act, and specifically overturns a number of Supreme Court decisions which narrowly applied the provisions of the law in discrimination cases.

With strong support from both the disability and business communities, the legislation specifically directs the courts to construe the law in favor of broad coverage of individuals with disabilities, and prohibits the consideration of mitigating factors, such as prosthetics or medication, when determining whether an individual has a disability.

“Today, the Senate sent a clear signal that discrimination against individuals with disabilities in the workplace or in education will not be tolerated,” Bingaman said.  “Although Congress cannot predict how this new law will be interpreted, I am hopeful it will provide sufficient clarity to ensure individuals with disabilities have the opportunity to fully participate in all aspects of society without discrimination.”

The House of Representatives passed a different version of the legislation earlier this summer, but is expected to pass the Senate bill in the coming weeks.