Jerry Maatman Quoted in Business Insurance
02/04/2008
The article "ADA reform measure would widen definition of 'disability' " in the February 4, 2008 issue of Business Insurance notes: "An effort to strengthen the Americans With Disabilities Act could actually dilute its effectiveness, according to some observers. That's because the ADA Restoration Act, which is co-sponsored by more than half of the members of the House of Representatives, would define disability in an overly broad fashion, say the measure's critics. But supporters of the approach argue that they are not expanding the ADA but are returning it to its drafters' intent. A series of court decisions that pared back the ADA's scope justify the change, they say. Under current law, "disability" means "(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment." But as currently drafted, the ADA Restoration Act would change the definition of disability to cover any physical or mental impairment, and would eliminate the requirement that the impairment substantially limit a major life activity. It would also ban courts from considering mitigating measures, such as medication, for determining whether someone qualifies for ADA protection. But an employment lawyer said that erasing the "major life activity" clause "would stand the law on its head and have incredible impacts in the workplace for employers. "One of the problems an employer might have is there is no limit on the definition of disability and there would be an expansion of the types of impairments that would be covered in the future," said Gerald Maatman, a partner in the Chicago office of Seyfarth Shaw L.L.P. He said the change "would dilute the value" of the ADA and turn it "into a litigation machine to be abused." No vote has been scheduled for the act or for the companion bill that has been introduced in the Senate.
