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Capitol Correspondence - 08.26.19

Legislative Challenges to the ADA Continue to Sprout

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On July 30, the ACCESS Act (HR 4099) was introduced by Representative Calvert (R-CA). Text of this bill was released last Friday.  Disability advocacy organizations shared that it is essentially the same as HR 620, the ADA Education and Reform Act, that passed the House floor last year with the amendments on the floor to make the notice period slightly shorter and to slightly soften the move to a “substantial progress” standard rather than actual compliance with the law (allowing businesses to meet a mere “substantial progress” standard if there are factors beyond their control). It also adds that the Department of Justice be required to do a study on WCAG 2.0 web accessibility standards and whether accessibility widgets or providing the information by telephone instead are reasonable accommodations. 

ANCOR, along with many leading national disability organizations, opposed the ADA Education and Reform Act because it sought to pull back on the enforcement levers of the Americans with Disabilities Act and make it more difficult for individuals with disabilities to seek relief under the ADA. ANCOR has not taken a position yet on this newer version of the bill, but will keep members abreast of the latest!