According to a press release by the American Diabetes Association entitled “American Diabetes Association Applauds U.S. Senate for Introducing Bill to Protect the Rights ofAmericans with Disabilities” (www.diabetes.org, August 1, 2008), the American Diabetes Association strongly supports the amendments to the Americans With Disabilities Act of 1990 currently before Senate.  The bill has already pssed the House.  One major change discussed by the American Diabetes Association is to provide protection for persons excluded by the 1999 US Supreme Court decision in Sutton v. United Airlines, which excluded persons who successfully managed diabetes by ruling that they were not disabled by the disease.  The American Diabetes Association is a voluntary health organization supporting diabetes research, information and advocacy.

President George H. W. Bush signed into law in July of 1990 the Americans with Disabilities Act, calling it a “historic new civil rights act” that would enable all people with disabilities to “pass through once-closed doors into a bright new era of equality, independence and freedom.”  See, Editorial, “Righting Wrongs: Landmark Law Revisited, Expanded to Restore Eroded Protections for The Disabled,” Houston Chronicle, 7/6/08, p. E2.  According to an editorial in the Houston Chronicle, it did not work out that way primarily because the United States Supreme Court and other courts narrowed coverage with a strict and demanding standard which exlcuded millions of people.  Id.  For example, the article reports that since 1999 the Supreme Court has denied protection to people with partial disabilities as well as those with ailments that could be controlled by medication or devices such as hearing aids.  Id.  This, according to the editorial, has “led to a Catch-22 situation for people with such ailments as diabetes, epilepsy, cancer and cerebral palsy, in which they might be considered disabled if they did not take medication, but might be exempted by the court from ADA protection if they did.”  Id.  However, the House voted 402-17 for the ADA Amendments Act bringing back the protections defined in the original legislation and overturning the stringent rulings of the courts and the bill is now headed to the Senate with widespread, bipartisan support.  Id.  As stated by the Houston Chronicle, ”it is gratifying to see such a united effort in returning this important civil rights legislation to its original intent, but unfortunate that it took an act of Congress to stop the Supreme Court from discriminating against the very Americans who turn to it for protection against discrimination.”  Id.

GINA, the Genetic Information Nondiscrimintation Act, has now passed back through the House of Representatives and is headed to the White House, where President Bush is expected to sign it into law, according to Associated Press writer, Jesse Holland in “House Approves anti-genetic discrimination bill” (AP, May 1, 2008).  

By a vote of 414-1 (Ron Paul (R), the only nay vote in the entire Congress), the House joined the Senate’s 95-0 vote of this Bill.  Genetic testing can discover whether a person is more likely to develop certain diseases or conditions, which may lead to earlier treatment before the onset of the disease.   Generally, every person has at least six genes which can potentially lead to diseases or conditions. id  Early detection and treatment is believed to be the best possible remedy, short of a cure.  It is believed that the passage of this Bill into Law will allow many persons to now undergo genetic testing who had not done so before due to  fear of losing their insurance or jobs. id  Scientists also appear to believe that more testing will also lead to more research and better information, which eventually could lead to a less expensive and more complete health care for all. id

The entire article may be found at: http://ap.google.com/article/ALeqM5g9PKo1Dr67gVSZWb-B4tOfMvmgDwD90CVGBO0

Genetic-employment discrimination was the subject an EEOC lawsuit settled in 2001.  In that case, the suit alleged that a company tested its employees for a rare genetic condition that causes carpal tunnel syndrome as one of its many symptoms.  For its own part, the company claimed it was trying to determine whether the high incidence of repetitive stress injuries among its workers were work related, but company paid doctors were also allegedly testing for other medical conditions, including diabetes and alcoholism, and the employees examined by these doctors were not told they were being genetically tested.  The EEOC argued that the tests were unlawful under the Americans With Disabilities Act, and the lawsuit was quickly settled, with the company agreeing to everything sought by the EEOC.  See, “Cases of Genetic Discrimination, ” 12/10/07, http://www.genome.gov , National human Genome Research Institute.   

Source | U.S. Department of Justice

Following is the current text of the Americans with Disabilities Act of 1990 [“ADA”], as amended. It was originally enacted in public law format and later rearranged and published by subject matter in the United States Code. The United States Code is divided into “titles” numbered 1 through 50. Titles I, II, III and V of the ADA have been codified in Title 42 of the United States Code, beginning at section 12101. Title IV of the original public law format has been codified in Title 47 – Telegraphs, Telephones, and Radiotelegraphs of the United States Code. This codification has resulted in the section numbers being changed. Therefore, the section numbers of the ADA as originally enacted appear in brackets after the codified section number and heading in the Table of Contents.

(The text links below will take you to the official DOJ ADA website) 

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

Sec. 12101. Findings and purpose. [Section 2]

(a) Findings.

(b) Purpose.

Sec. 12102. Definitions. [Section 3]

SUBCHAPTER I - EMPLOYMENT [Title I]

Sec. 12111. Definitions. [Section 101]

Sec. 12112. Discrimination. [Section 102]

(a) General rule.

(b) Construction.

(c) Covered entities in foreign countries.

(d) Medical examinations and inquiries.

Sec. 12113. Defenses. [Section 103]

(a) In general.

(b) Qualification standards.

(c) Religious entities.

(d) List of infectious and communicable diseases.

Sec. 12114. Illegal use of drugs and alcohol. [Section 104]

(a) Qualified individual with a disability.

(b) Rules of construction.

(c) Authority of covered entity.

(d) Drug testing.

(e) Transportation employees.

Sec. 12115. Posting notices. [Section 105]

Sec. 12116. Regulations. [Section 106]

Sec. 12117. Enforcement. [Section 107]

(a) Powers, remedies, and procedures.

(b) Coordination.

SUBCHAPTER II - PUBLIC SERVICES [Title II]

PART A - Prohibition Against Discrimination and Other Generally Applicable Provisions [Subtitle A]

Sec. 12131. Definitions. [Section 201]

Sec. 12132. Discrimination. [Section 202]

Sec. 12133. Enforcement. [Section 203]

Sec. 12134. Regulations. [Section 204]

(a) In general.

(b) Relationship to other regulations.

(c) Standards.

PART B - Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory [Subtitle B]

SUBPART I - Public Transportation Other Than by Aircraft or Certain Rail Operations [Part I]

Sec. 12141. Definitions. [Section 221]

Sec. 12142. Public entities operating fixed route systems. [Section 222]

(a) Purchase and lease of new vehicles.

(b) Purchase and lease of used vehicles.

(c) Remanufactured vehicles.

Sec. 12143. Paratransit as a complement to fixed route service. [Section 223]

(a) General rule.

(b) Issuance of regulations.

(c) Required contents of regulations.

(d) Review of plan.

(e) “Discrimination” defined.

(f) Statutory construction.

Sec. 12144. Public entity operating a demand responsive system. [Section 224]

Sec. 12145. Temporary relief where lifts are unavailable. [Section 225]

(a) Granting.

(b) Duration and notice to Congress.

(c) Fraudulent application.

Sec. 12146. New facilities. [Section 226]

Sec. 12147. Alterations of existing facilities. [Section 227]

(a) General rule.

(b) Special rule for stations.

Sec. 12148. Public transportation programs and activities in existing facilities and one car per train rule. [Section 228]

(a) Public transportation programs and activities in existing facilities.

(b) One car per train rule.

Sec. 12149. Regulations. [Section 229]

(a) In general.

(b) Standards.

Sec. 12150. Interim accessibility requirements. [Section 230]

SUBPART II - Public Transportation by Intercity and Commuter Rail [Part II]

Sec. 12161. Definitions. [Section 241]

Sec. 12162. Intercity and commuter rail actions considered discriminatory. [Section 242]

(a) Intercity rail transportation.

(b) Commuter rail transportation.

(c) Used rail cars.

(d) Remanufactured rail cars.

(e) Stations.

Sec. 12163. Conformance of accessibility standards. [Section 243]

Sec. 12164. Regulations. [Section 244]

Sec. 12165. Interim accessibility requirements. [Section 245]

(a) Stations.

(b) Rail passenger cars.

SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES [Title III]

Sec. 12181. Definitions. [Section 301]

Sec. 12182. Prohibition of discrimination by public accommodations. [Section 302]

(a) General rule.

(b) Construction.

Sec. 12183. New construction and alterations in public accommodations and commercial facilities. [Section 302]

(a) Application of term.

(b) Elevator.

Sec. 12184. Prohibition of discrimination in specified public transportation services provided by private entities. [Section 303]

(a) General rule.

(b) Construction.

(c) Historical or antiquated cars.

Sec. 12185. Study. [Section 304]

(a) Purposes.

(b) Contents.

(c) Advisory committee.

(d) Deadline.

(e) Review.

Sec. 12186. Regulations. [Section 305]

(a) Transportation provisions.

(b) Other provisions.

(c) Consistency with ATBCB guidelines.

(d) Interim accessibility standards.

Sec. 12187. Exemptions for private clubs and religious organizations. [Section 306]

Sec. 12188. Enforcement. [Section 307]

(a) In general.

(b) Enforcement by Attorney General.

Sec. 12189. Examinations and courses. [Section 308]

SUBCHAPTER IV MISCELLANEOUS PROVISIONS [Title V]

Sec. 12201. Construction. [Section 501]

(a) In general.

(b) Relationship to other laws.

(c) Insurance.

(d) Accommodations and services.

Sec. 12202. State immunity. [Section 502]

Sec. 12203. Prohibition against retaliation and coercion. [Section 503]

(a) Retaliation.

(b) Interference, coercion, or intimidation.

(c) Remedies and procedures.

Sec. 12204. Regulations by the Architectural and Transportation Barriers Compliance Board. [Section 504]

(a) Issuance of guidelines.

(b) Contents of guidelines.

(c) Qualified historic properties.

Sec. 12205. Attorney’s fees. [Section 505]

Sec. 12206. Technical assistance. [Section 506]

(a) Plan for assistance.

(b) Agency and public assistance.

(c) Implementation.

(d) Grants and contracts.

(e) Failure to receive assistance.

Sec. 12207. Federal wilderness areas. [Section 507]

(a) Study.

(b) Submission of report.

(c) Specific wilderness access.

Sec. 12208. Transvestites. [Section 508]

Sec. 12209. Instrumentalities of Congress. [Section 509]

Sec. 12210. Illegal use of drugs. [Section 510]

(a) In general.

(b) Rules of construction.

(c) Health and other services.

(d) “Illegal use of drugs” defined.

Sec. 12211. Definitions. [Section 511]

(a) Homosexuality and bisexuality.

(b) Certain conditions.

Sec. 12212. Alternative means of dispute resolution. [Section 513]

Sec. 12213. Severability. [Section 514]

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

Sec. 225. Telecommunications services for hearing-impaired and speech-impaired individuals [Section 401]

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

Sec. 611. Closed-captioning of public service announcements [Section 402]