U.S. Chamber Calls for Reasonable Definition of Disability

WASHINGTON, D.C. – In a case that will be heard by the U.S. Supreme Court this week, the United States Chamber of Commerce submitted a brief arguing that the inability to perform a specific job is not automatically a disability covered under the Americans with Disabilities Act.

"The ADA is not meant to create a loophole for people with routine limitations or minor injuries so they can avoid difficult job requirements by suing or threatening to sue their employer," said Stephen Bokat, Chamber general counsel and executive vice president of the National Chamber Litigation Center. "The law's protections are specifically limited to people with significant limitations."

The Chamber's amicus brief in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams (No. 00-1089) supports the auto company's effort to overturn a U.S. Court of Appeals ruling that the Americans with Disabilities Act covers individuals who can perform day-to-day manual tasks, but cannot perform certain work-related tasks. The Litigation Center hosted a moot court, or practice session, for the company's counsel last week.

"Expanding the ADA from covering workers with disabilities to include workers who cannot perform a particular job function will explode the cost of doing business, and dramatically increase all employers' risk for lawsuits from disgruntled workers," said Bokat.

Routine injuries and impairments should be addressed under other, existing statutes meant for such circumstances – such as the workers compensation system – according to the Chamber.

The U.S. Chamber of Commerce is the world's largest business federation representing more than three million businesses and organizations of every size, sector and region.

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