Right now, even as we drink our coffee there are powerful forces working overtime on Capitol Hill. I like to call these forces “the usual suspects” because I love the old TV series “Dragnet” and also because it takes too long to type all the acronyms of the various business and human resources lobbying groups that have assembled to fight the “ADA Restoration Act”. Oh yes, and there are prominent corporations opposed to the full inclusion of people with disabilities in the workforce.
The Usual Suspects are opposed to the legislation because it would require that employers actually make reasonable accommodations for employees who have disabilities—rather than allowing said Usual Suspects to proclaim that these accommodations are wildly unreasonable. Why, By Golly! even reassigning a disabled employee to a different but equal job is an undue burden on said Usual Suspect. Enter the extraordinary, well funded, hence powerful Allied Usual Suspects who are working like junior attorneys to “mark up” the bill.
Their aim? To do to the “ADA Restoration Act” what the Supreme Court has done to the original ADA of 1990. In decision after decision the Supreme Court has exonerated employers from having to make workplace accommodations for disabled employees. The court has used a cynical loophole when deciding “for” employers against disabled workers: they’ve argued that Congress, in adopting the ADA has assumed the power to regulate commerce within the respective U.S. states—in effect the conservative majority on the court has asserted that Congress doesn’t have the authority to legislate civil rights for people with disabilities—and by extension, for any other group.
What’s the final final rationale for such a position? Why by God if you give one disabled employee an accommodation well then, by God you’ll have to give all the differently abled people accommodations and heck, that would mean living up to occupational safety and human rights standards and that’s an undue burden on capitalism which, it turns out, doesn’t always see the opportunities for new markets.
So what you do is declare the authority of Congress null and void. You do it by the process of red herring-ism, you confuse the public that the issue is about disabled people in the workplace who are always a suspect group in the view of the general public—aren’t these people faking something? Trying to get an advantage with a better parking space?
If Americans don’t demand of their Congress true accountability on behalf of our nation’s disabled citizens then they are in effect giving away the last measure of our civil rights—the stakes in this argument are really that important.
Write to your Congressman or Congresswoman; take a stand. Don’t let the “usual suspects” continue to evade social responsibility by means of obfuscation.