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From: Rick.Allan@p0.f460.n101.z1.fidonet.org (Rick Allan)
Newsgroups: misc.handicap
Subject: ADA
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Date: 31 May 90 04:35:46 GMT
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Index Number: 8542

We must make many more calls in the next two days!!!
Three amendments remain.
First here's what happened Thursday:

Congressman LaFalce (D-NY), Congressman
Campbell (R-CA), the House Leadership and the bill
authors reached a bipartisan agreement to phase
in small business under certain remedies of the
public accommodations provisions (Title III).  Under
the agreement, the provisions of Title III will go
into effect 18 months after enactment of the
legislation.  However, for those businesses with 25
or fewer employees, an individual's rights of action to seek
remedies through court action will not be available
for 6 months following the effective date of the
Title.  For businesses with 10 or fewer employees, the
same right of action will not be available for 12 months
following the effective date.  Administrative remedies will
be available immediately upon the effective date.  [passed]

   McCollum (R-FL): If an employer has a written job
description of a given position, then the criteria set
forth in that job description will be considered the
essential function of the job.  [passed]

   Olin ((D-VA): If an employer is required to spend
over 10% of the annual salary or annualized hourly
wage of a disabled employee, in order to facilitate
the employment of the disabled employee, such expenditure
will be presumed an undue hardship for the purpose of this
bill.  [We defeated the business lobby 213-187]

   Chapman (D-TX): Employers may refuse to assign an
individual with an infectious or communicable disease
of public health significance, to a food handling
job.  The individual must then be reassigned to
another position, if he or she is qualified for such
position.  [We lost 199-187]

   Hansen (R-UT): Individuals who are disabled may not be
denied access to a wilderness area, including the
use of a wheelchair in such area. [passed]

Monday the remaining three amendments are up for consideration:

Sensenbrenner (R-WI): The only remedies that apply under this act
are those set forth in the Civil Rights Act of 1964.  [We oppose
this potential limitation of our remedies to present Act,
precluding remedies to be available if/when the Kennedy-Harkins
Civil Rights Act of 1990 passes (this is a bill which would expand
a person's ability to recover damages if they have been
discriminated against.  It repairs damage done by Conservative
Supreme Court rulings in recent years.]

   Shuster (R-PA): Provides for annual waivers from
lift purchase requirements for new vehicles for
transit authorities operating fixed route systems
in urbanized areas with a population of 200,000 or
less.  [We oppose]

   Lipinski (D-IL): Requires that one car per train be
accessible to disabled persons (within 5 years) and that
demand for additional capacity for the disabled be met
with additional cars as necessary (rather than the
requirement that all new cars be accessible). [We oppose]

We must defeat these three amendments!!

We need to call EVERY REPRESENTATIVE to assure we don't have
more defections!!  We've been given one last weekend to 
muster support for strong transportation access requirements.
The Shuster and Lipinski Amendments would SEVERELY WEAKEN the
transportation requirements in ADA.  The Sensenbrenner
Amendments would, in a sense discriminate against people
with disabilities by saying we won't have the same remedies
that other minorities get in future civil rights laws.

We must defeat these three amendments - and time is running
out to make calls.  Take no vote for granted!

Call your Reps, and all the numbers in previous messages.

We shall overcome these amendments if we quadruple our 
efforts between now and Monday's votes.

--
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