Wait Folks... she wasn't denied the job because of her sexual situation. She
was denied because she underwent surgery for breast cancer!! The sex as a
disability part was just because of one line a judge wrote that made a good
headline.
Who has a disability? From the ADA itself:
SEC. 3. DEFINITIONS. 42 USC 12102
As used in this Act:
(2) Disability. The term disability means, with respect to an individual
(A) a physical or mental impairment that substantially limits one or more of
the major life activities of such individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment.
Alcoholics and drug adicts (who still drink/use) are *NOT* "disabled" and
protected by either the ADA or Rehab Act..
TITLE I EMPLOYMENT
SEC. 104. ILLEGAL USE OF DRUGS AND ALCOHOL. 42 USC 12114.
(a) Qualified Individual With a Disability. For purposes of this title, the
term qualified individual with a disability shall not include any employee or
applicant who is currently engaging in the illegal use of drugs, when the
covered entity acts on the basis of such use.
(b) Rules of Construction. Nothing in subsection (a) shall be construed to
exclude as a qualified individual with a disability an individual who
(1) has successfully completed a supervised drug rehabilitation program
and is no longer engaging in the illegal use of drugs, or has otherwise been
rehabilitated successfully and is no longer engaging in such use;
(2) is participating in a supervised rehabilitation program and is no
longer engaging in such use; or
(3) is erroneously regarded as engaging in such use, but is not engaging
in such use; except that it shall not be a violation of this Act for a covered
entity to adopt or administer reasonable policies or procedures, including but
not limited to drug testing, designed to ensure that an individual described in
paragraph (1) or (2) is no longer engaging in the illegal use of drugs.
Best,
Tod
---- Steve Oldaker <[EMAIL PROTECTED]> wrote:
> I couldn't agree more. Don't forget drug addicts and alcoholics. They are
> considered disabled as well.
>
>
>
> Steve
>
>
>
> From: John S. [mailto:[EMAIL PROTECTED]
> Sent: Saturday, July 26, 2008 1:29 PM
> To: quad-list@eskimo.com
> Subject: Re: [QUAD-L] Court: disability laws protect those unable to have
> sex
>
>
>
> I knew this would happen. now any company that hires a fridged secretary can
> say they hire handicapped people. Don't forget to give them a parking
> permitt so their genitals don't fall off in the parking lot. When I started
> seeing fat people being listed as handicapped I knew this crap was on the
> way. As soon as anyone at work mentons her handicap shes back in court for
> sexual harrassment. Our legal system has turned stupidity into an artform.
> Our schools have made it mandatory, and our politicians are the poster
> children. Next year all ugly people will be called handicapped. I'll be
> double dipping.
>
>
>
> john
>
>
>
> ----- Original Message ----
> From: Eric W Rudd <[EMAIL PROTECTED]>
> To: quad-list@eskimo.com
> Sent: Saturday, July 26, 2008 11:38:34 AM
> Subject: Re: [QUAD-L] Court: disability laws protect those unable to have
> sex
>
> see if this works
>
>
> Eric W Rudd
> [EMAIL PROTECTED]
>
>
>
>
>
> <http://www.chron.com/disp/story.mpl/nation/5902097.html>
> http://www.chron.com/disp/story.mpl/nation/5902097.html
>
>
>
> Court: disability laws protect those unable to have sex
>
> Mcclatchy-tribune
>
> WASHINGTON - A South Carolina breast-cancer survivor has beaten the State
> Department and
>
> convinced judges in Washington that the inability to have sex is a
> disability protected under federal
>
> anti-discrimination laws.
>
>
>
> The new appellate-court ruling gives Piedmont, S.C., resident Kathy E. Adams
> another potential shot
>
> at serving overseas. More broadly, the ruling cracks open the courtroom door
> for additional legal
>
> challenges by those who are sexually incapacitated.
>
>
>
> "I think it's a major victory for former cancer patients, and for anyone who
> has had their sex life disrupted," Adams' attorney, David H.
>
> Shapiro, said Tuesday.
>
>
>
> Adams wants to compel the State Department to hire her as a foreign service
> officer and provide back pay. She'll now go before a jury and
>
> trial judge, unless the State Department relents first.
>
>
>
> In its 2-1 decision, issued Friday, the U.S. Court of Appeals for the
> District of Columbia Circuit ruled that Adams has a case against the State
>
> Department. Most significantly, the D.C. circuit court ruled for its first
> time that laws that protect people with disabilities from discrimination
>
> cover "sexual relations." The ruling overturns a trial judge who'd dismissed
> Adams' case.
>
>
>
> "At the risk of stating the obvious, sex is unquestionably a significant
> human activity, one our species has been engaging in at least since the
>
> biblical injunction to 'be fruitful and multiply,' " appellate Judge David
> Tatel wrote.
>
>
>
> Tatel concluded that sex is the kind of "major life activity" that Congress
> considered when it passed the Rehabilitation Act in 1973. The law,
>
> like the better-known Americans with Disabilities Act, prohibits
> discrimination against people with disabilities.
>
>
>
> Lawmakers defined a disability as an impairment that "substantially limits"
> a major life activity. Courts still struggle to explain what that
>
> means. Last week, for instance, the D.C. appellate court determined that
> "sleeping" is a protected major life activity.
>
>
>
> Walking, seeing and hearing, among many other activities, likewise have been
> identified as "major."
>
>
>
> The new ruling comes from what's sometimes called the nation's
> second-highest court, meaning that many lawyers will be parsing its words.
>
>
>
> "As a basic physiological act practiced regularly by a vast portion of the
> population, a cornerstone of family and marital life, a conduit to
>
> emotional and spiritual fulfillment, and a crucial element in intimate
> relationships, sex easily qualifies as a major life activity," Tatel wrote.
>
>
>
> A State Department spokeswoman said the department was still reviewing the
> decision.
>
>
>
> Adams couldn't be reached for comment Tuesday.
>
>
>
> The Russian-speaking Adams aced the State Department's Foreign Service
> written and oral exams in 2002, ranking seventh out of 200
>
> candidates. Living about 15 miles south of Greenville, she was in line to
> start training in January 2004.
>
>
>
> Before her training started, doctors diagnosed her with breast cancer. She
> underwent surgery, but the State Department subsequently denied her entry
> into the Foreign Service.
>
>
>
> "The department could not guarantee (her) access to the required medical
> follow-up and surveillance at all overseas assignments," a State
>
> Department nurse testified.
>
>
>
> State Department officials added, and the dissenting appellate judge agreed,
> that the department didn't know about Adams' sexual disability
>
> when it declined to hire her. The court majority, however, reasoned that "it
> makes no difference whether an employer has precise knowledge
>
> of an employee's substantial limitation" so long as the employer knows about
> the impairment.
>
>
>
> In this case, the State Department knew about Adams' breast cancer but
> didn't know how the cancer treatments impaired her sex life.
>
> Adams underwent a mastectomy, had her ovaries and fallopian tubes removed,
> gained weight and felt her libido wither.
>
>
>
> "I now find that the prospect of dating and developing an intimate
> relationship is just too painful and frightening," Adams, who is single,
>
> stated in a declaration.
