In a move that could have far-reaching implications for businesses, Congress is considering the most sweeping changes to the Americans with Disabilities Act (ADA) since the employment law went into effect in 1990.

A recently introduced bill would radically expand the number of persons and conditions covered by ADA by changing the definition of "disabled" to include temporary or correctable conditions such as poor eyesight. The bill–the ADA Restoration Act of 2007–would also do away with the current ADA requirement that an impairment must "substantially limit one or more major life activities" to be considered a disability. Virtually the entire U.S. working population could be covered by the law under the proposed changes.

"The Chamber will actively oppose these radical changes because they would not address the needs of those who are deserving of ADA's protections but, instead, divert significant compliance and enforcement resources to ‘gotcha' lawsuits that already overwhelm enforcement agencies and the courts," says U.S. Chamber Executive Vice President of Government Affairs Bruce Josten.

In 2006, the Equal Employment Opportunity Commission found that of the 15,575 charges filed under ADA, there was reasonable cause to believe discrimination occurred in only 5.6% of the cases.

Any changes to the definition would also affect other portions of ADA law, including Title III public access provisions. Title III calls on virtually every business serving the public–regardless of size or number of employees–to make their facilities accessible to people with disabilities.

In addition, the Department of Justice is already planning to implement revised accessibility guidelines. "Expanding the class of people who can assert a claim for accessibility will subject businesses and other facility operators to greater confusion and litigation," Josten says.