On September 17, 2008, Congress approved a major civil rights bill that expands protections for people with disabilities and overturns recent Supreme Court decisions that set strict standards in determining who is disabled. The bill also makes it easier for workers to prove discrimination.

Under the Americans With Disabilities Act from 1990, protection for many people was eliminated because the Supreme Court misconstrued the intent of the Act, according to the bill.

“Courts have focused too heavily on whether individuals are covered by the law, rather than on whether discrimination occurred,” said Wisconsin Representative F. James Sensenbrenner, Jr.

People who were diagnosed with illnesses like epilepsy, diabetes, cancer and multiple sclerosis were improperly denied protection because medications or other measures could help to control the illnesses. The new bill, however, says courts should not consider these kinds of mitigating measures, and that a disability is considered to be an impairment that substantially limits a major life activity.

The contents of the bill were subject to vigorous debate for two years. Congress’ approval of the bill means it is now sent to President Bush for final approval.

Source: Robert Pear, “Congress passes bill with protections for disabled,” New York Times, September 18, 2008.