September 19, 2008

By overwhelming margins, with the business community going along, Congress has passed a bill reversing several Supreme Court decisions so as to widen the number of potential litigants covered by the Americans with Disabilities Act. The passage of the bill this year may reflect a certain tactical calculation on both sides: business defendants may fear a more intransigently liberal Congress next year, while disabled-lobby proponents may prefer dealing with George W. Bush than with a successor after January, since the current White House incumbent, like his father, appears more than eager to sign measures billed as advancing disabled rights. Veteran Washington lawyer Lawrence Lorber of Proskauer, who represented the U.S. Chamber of Commerce, is emphasizing that the bill is not as radical as early versions, and doesn't "think there will be extensive litigation on a long-term basis". At Employment Blawg, George Lenard and Karen Tofte have a three-part series on the likely impact of the law: first, second, third.