ADA Education and Reform Act Passes House

A longtime police sergeant with the Port of Seattle Police Department, Jon Schorsch retired from the force in 2007 and went on to earn his law degree from the Seattle University School of Law. Focused on employment law, Jon Schorsch is particularly knowledgeable about the Americans with Disabilities Act (ADA).

First passed in 1990, the ADA contains provisions to protect those with disabilities in a wide range of situations, including on the job, in school districts, on public transportation, and in many other areas. The legislation and related laws have been tweaked and re-worked at various points over the past 30 years, including a significant definitional overhaul in 2008. Now, the United States Congress may be set to make another major change.

In February 2018, the U.S. House of Representatives voted to approve the ADA Education and Reform Act, which puts restrictions on the timing of lawsuits related to ADA violations. Under the new bill, plaintiffs who desire to sue a business for violating ADA rules must first deliver a written warning. Businesses would then have 120 days to develop and implement a plan to rectify the violation.

Supporters of the bill, such as retail shopping associations, state the changes will reduce the number of frivolous lawsuits over ADA violations, while critics claim that it will make it easier to discriminate against those with disabilities. As of April 2018, the Senate had not taken action on the bill.

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