The passage of ADA, affected all segments of our society. The most "in
need" were addressed first and those with less serious "needs" found their
way into the system as time went on. After all 20% of the population could
be an understatement. Because of that, it became "vogue" to have a need and
what a fad its turned out to be. Consider all who have been attracted to
"the disAbility flame." The benefits can be a simple as getting a better
parking space when needed or to the front of the line. Just think of the
future when all people, young and old, of every race and religion are
one...... (oops I just woke up, sorry)
Maybe that explains the FAD of being "in need."
Best Wishes
In a message dated 9/23/2009 12:11:40 P.M. Central Daylight Time,
[email protected] writes:
FOR IMMEDIATE RELEASE
FOR INFORMATION CONTACT:
DBTAC National Network of ADA Centers
1-800-949-2432
PUBLIC COMMENT INVITED ON PROPOSED CHANGES TO ADA REGULATIONS
The public has been given 60 days to comment on proposed revisions to
regulations implementing the Americans with Disabilities Act of 1990 (ADA), as
amended by the ADA Amendments Act of 2008. The regulatory changes,
contained in a Notice of Proposed Rulemaking just announced by the U.S. Equal
Employment Opportunity Commission (EEOC), focuses on providing individuals
seeking protection against employment discrimination under Title I of the ADA
with a more expansive definition of “disability.”
The ADA is an antidiscrimination statute passed by Congress and signed
into law by the President in July 1990. The EEOC is responsible for enforcing
Title I of the ADA, which prohibits employment discrimination against
individuals with disabilities. The ADA requires employers to make reasonable
accommodations to employees and job applicants with disabilities.
“We encourage the public to contact us with suggestions, recommendations
or comments, or submit them directly to the EEOC” said Susanne Bruyere,
director of the Region II Disability and Business Technical Assistance Center,
part of the National Network of ADA Centers. “People with disabilities
will be the winners when the new regulations are fully implemented and
extensive public comment will ensure they are the best that they can be.”
The ADA Amendments Act, which went into effect Jan. 1, 2009, and the
regulatory revisions embedded in the proposed rule now available for public
comment, make it easier for an individual alleging employment discrimination
based on disability to establish that he or she meets the ADA’s definitions
of “disability.” The ADA Amendments Act also modifies the Rehabilitation
Act of 1973, which prohibits employment discrimination in the federal
workforce on the basis of disability.
The regulatory changes in the proposed rule emphasize that the definition
of disability—an impairment that poses a substantial limitation in a major
life activity—must be construed in favor of broad coverage of individuals
to the maximum extent permitted by the terms of the ADA, and should not
require extensive analysis.
The regulatory changes expand major life activities to include “major
bodily functions, and clarify that mitigating measures, such as medications
and
devices that people use to reduce or eliminate the effects of impairment,
are not to be considered when determining whether a person has a
disability. They also clarify that impairments that are episodic or in
remission,
such as epilepsy, cancer, and many kinds of psychiatric impairments, are
disabilities if they would “substantially limit” major life activities when
active.
Finally, the regulation revisions provide a more straightforward way of
demonstrating a substantial limitation in the major life activity of working,
and implements the ADA Amendment Act’s new standard for determining
whether someone is regarded as having a disability.
The Notice of Proposed Rulemaking containing the regulatory changes is
posted on the EEOC website, _www.eeoc.gov_ (http://www.eeoc.gov/) , along with
a question-and-answer guide about the proposal and instructions for
submitting public comments to the Commission. Comments may also be provided
to
Larry Featherston at the Region II DBTAC – Northeast ADA Center,
[email protected].
--###--
----------------------------------------------------------
Erin M. Sember, M.A.
ADA Technical Assistance Specialist
Disability & Business Technical Assistance Center- Northeast
Employment and Disability Institute
203 Dolgen Hall/ILR Extension
Cornell University
Ithaca, NY. 14853
fax: 607-255-2763
ADA Technical Assistance: 1-800-949-4232 in NY,NJ,PR,VI
ADA Technical Assistance by e-mail: [email protected]
_www.dbtacnortheast.org _ (http://www.dbtacnortheast.org/)
"Disability is not a “brave struggle” or “courage in the face of adversity
” …disability is an art. It’s an ingenious way to live."
-Neil Marcus
