The Americans with Disabilities Act (ADA) was enacted in
1990. This law was designed to prevent
discrimination against people with disabilities in various venues, such as
employment, public facilities, transportation, communications and governmental
functions. This law essentially provides
the coverage to disabled Americans that was provided to people of minority
races in the 1964 Civil Rights Act.
Some key provisions of the ADA: it prohibits discrimination in virtually all
aspects of employment; it prevents harassment, when it creates a hostile work
environment; requires reasonable accommodation, provided it does not cause an
undue hardship to the employer; and limits employers from asking medical
questions before or after you are hired.
The ADA Amendments Act (ADAAA) was enacted in 2008. It made it easier for a person to prove that
they met the criteria for protection under the ADA. Congress also overturned several Supreme
Court decisions that they believed interpreted “disability” too narrowly,
resulting in denial for people with diseases such as diabetes, epilepsy and
cancer. The ADA under the new guidelines
covers impairment that is episodic or in remission, if it would limit life
activities when active. The ADAAA states
that disability should be interpreted in a way that favors broad coverage of
individuals, rather than denies it.
To be protected under the ADA, you must be qualified for
your job and meet the following criteria: have a physical or mental condition
that substantially limits a major life activity (walking, talking, seeing,
hearing, learning, etc); history of disability (such as active disease for a
relapsing-remitting condition, like MS, or cancer prior to remission); or have
a physical or mental impairment that is NOT transitory and minor. (Transitory means expected to last less than
six months.) Determination of whether an
impairment substantially limits a major life activity is evaluated
individually. Importantly, with the
exception of eyeglasses or contacts, determination of whether the impairment
substantially limits a major life activity is made WITHOUT REGARD TO
AMELIORATIVE EFFECTS OF MITIGATING MEASURES, like hearing aids or MEDICATION. This is important for people with mast cell
disease – if your disease would substantially limit a major life activity when
you are NOT on medication, then you qualify for protection under the ADA.
Some statistics regarding disabled Americans:
In 2008, 54 million Americans had a disability. This constituted 19% of the civilian,
non-institutionalized population. 5% of children,
aged 5-17 were disabled; 10% aged 18-64 (represent!); 38% aged 65 or over.
12.4% of females were disabled, compared to 11.7% of males.
Of those disabled, 11 million needed assistance with daily
activities, like mobility within the home, personal hygiene, or preparing
meals. 3.3 million people aged 15 or
over use a wheelchair, while another 10 million use a walking aid.
13.3 million disabled people aged 16-64 had difficulty
finding or keeping a job because of their health. 46% of disabled people aged 21-64 were
employed. For those with nonsevere
disabilities, 75% were employed; for those with severe disabilities, only
31%. (Compared to 84% of the general
population.)
48% of people with a nonsevere disability work full time;
16% with a severe disability; 63% of the general population.
Interestingly, only 6% of disabled workers use public transportation
to commute. Most drove alone.
The median monthly income for people aged 21-64 with a
nonsevere disability is $2250; for severe disability, $1458; for general
population, $2539. 12% of people aged 25-64 with a nonsevere
disability lived in poverty; 27% of severely disabled; 9% of those who weren’t
disabled.
28% of disabled people aged 25 or older had less education than
a high school diploma. This is twice as
high as in the general population (12%.)
Only 13% of disabled people aged 25 or older had a Bachelor’s degree or
higher, compared to 31% of the nondisabled people of the same age.
People with severe disabilities are more likely to live in
poverty, be less educated, have trouble finding and keeping a job, and to not
work full time if they have a job.
Sources:
http://www.eeoc.gov/laws/types/disability.cfm
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