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Hi,

I thought I heard that change was not going to happen , but I'm not sure.  The ADA has a ways to go as I was just insulted when the local tax collector brushed me off for a job interview and said there was no handicapped accessible building entrance.  I have been working in that  building as a temp for the past 3 winters and climbing the stairs with  my crutches every day.  I feel the pain of discrimination very acutely right now.  

Donna 

I just recently found this out myself, and what I read didn't sound official,so I'm not sure how far it's gotten or if any changes have been made.

 

 rainey........ do you know the current status on this? 

Welcome to the forum

From what I understand

 

It's not the ADA that is determining that conditions that are controlled with medications or other "mitigating" factors are not disabiliites.  In fact the ADA states very clearly that disability should be determined "without respect to mitigating factors."  (However "otherwise qualified" IS determined considering devices and medicaions and alternative techniques.  Which is also in our favor)

 

It is that courts have largely been interpreting the ADA to exclude conditions that are controlled or treated.

 

So I have type 1 diabetes and need insulin, reasonably regular meals and permission to check my blood sugar and snack at work.  If I have these things, I can work without difficulty.  If I didn't have these things I wouldn't be able to work because I would probably be dead.  As originally stated in the ADA, my disability should be determined without considering these things.  That is to keep my employer from discriminating against me because I have a disability - a substantial impairment in a major life activity.  But then my ability to perfor the work's essential functions with or without reasonable accommodation - that should be determined considering the fact that, with those accomodations I can do my work safely and effectively.  As the ADA is currently being determined, a person with Type 1 diabetes can be fired solely on those grounds and then have no legal recourse because it's "not a disability."  There's a recent court case about a pharmacist where just this happened.

 

There is currently a proposed ADA Restoration Act to put those conditions specifically back under ADA coverage.  Some in the US government support this ADA Restoration Act and some do not so it may or may not come to pass.

Thanks Nightengale:

I read about the Pharmacist.

hi mkfarman, holly and donna, it;s nice to meet all of you and welcome!

Thank You Debbie...and,

To all of the MOTHERS.out there...HAPPY MOTHERS DAY.

thanks for the mothers day wishes! :) i hope you are having a nice weekend. xoxo