American Disabilities Act

Have you heard this great news? The Americans with Disabilities Act (ADA) has been revised thoroughly and is in effect at the moment. What is current status of the Act therefore? According to experts, the new law amending the ADA brings to the fore a much larger definition of disability (certainly in scope) to help protect those being discriminated against, especially at work. There is no doubt that discrimination against people suffering from disability, at workplaces, is increasing in the whole of United States of America. The amendment was passed and signed in the fall of 2008 and went into effect on January 1, 2009.

As per experts, the new definition of disability is apt and meaningful in several aspects. There is hardly any doubt that it is much broader and brings forth protections for people who were not considered disabled just last year. Who are these people? Well, they do include people affected with illnesses or diseases that can be helped or controlled with therapy and/or medications. It is to be noted that before the amendment people suffering from diabetes, epilepsy, multiple sclerosis and other conditions were not considered disabled on account of the basic character of these conditions.

It must be taken into consideration that a large number of illnesses are remitting and relapsing in nature and they can also be controlled by means of the precise application of medications along with medical attention. These conditions can be disabling, however the old ADA did not take this into account and also did never consider those with the conditions disabled.

It feels great to state the amendments have changed the scenario drastically. Barring people who wear glasses and/or contacts as a consequence of poor eyesight, people are recognized as disabled depending on their medical condition especially when the condition is most severe. What does this indicate? This indicates before the application of medication, therapies and medical attention.

Have you ever witnessed a victim of epilepsy? It is a disorder of the central nervous system characterized by loss of consciousness and convulsions. As a result of the amendment, any person suffering from epilepsy is considered disabled in spite of the fact that he is having medications to keep it under control. The situation is same for persons suffering from multiple sclerosis. These people are also considered disabled since often the disease doesn't remain under control.

This new change reflects a recognition that a number of conditions may "present" as less limiting at various points in time, but, thanks to their very nature, can easily and quickly worsen, becoming more limiting and disabling. Do you think that this is the end of the show? Well, it is not in any way and there have been lots of other changes as well. Take for instance the changes that new ADA has in the list of most important life activities. They do meet the criteria as physical or mental impairments if affected, for example reading, thinking, standing, bending, caring for oneself, communicating, concentrating and lifting.

There is no doubt that lots of people have been benefited since their disabilities were not considered in the previous Acts.

• John Palsson
• 20/05/2009, 9:59 AM
• 0 Comments