Americans with Disabilities Act Restoration Act of 2007

Summary

Americans with Disabilities Act Restoration Act of 2007 - Amends the Americans with Disabilities Act of 1990 to remove from the definition of "disability" a reference to substantially limiting one or more major life activities. Prohibits, in determining whether an individual has an impairment, considering whether the individual uses a mitigating measure, the impact of any mitigating measures, or whether the impairment is episodic, in remission, or latent. Defines the term "mitigating measure." Defines "physical" and "mental" (used regarding an impairment), "record of physical or mental impairment," and "regarded as having a physical or mental impairment." Declares that an adverse action taken because of an individual's use of a mitigating measure constitutes discrimination under the Act. Prohibits employment discrimination against an individual on the basis of disability (currently, against a qualified individual with a disability because of the disability). Allows, as a defense to a charge of discrimination, that the individual alleging discrimination is not a qualified individual with a disability. Requires that the Act's provisions be broadly construed. Directs the Attorney General, the Equal Employment Opportunity Commission (EEOC), and the Secretary of Transportation to issue regulations to carry out the provisions of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Entitles duly issued federal regulations and guidance to deference by administrative agencies or officers and courts.

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3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 26 July 2007

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 26 July 2007

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• Introduced in Senate

  summary · EN · 26 July 2007

  Open at official source

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