Update on Americans With Disabilities Act

[doni54]

Thought some of you might be interested in this, it is the short version and can be found at:

http:/ /tinyurl.com / ADAAmendments-short

Here's the long version:

http:// tinyurl.com /A DAAmendments-long

As always, remove the spaces I've added.
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The U.S. Equal Employment Opportunity Commission
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Notice Concerning The Americans With Disabilities Act (ADA) Amendments Act Of 2008
On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 ("ADA Amendments Act" or "Act"). The Act makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of EEOC's ADA regulations. The Act retains the ADA's basic definition of "disability" as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that these statutory terms should be interpreted in several ways. Most significantly, the Act:

directs EEOC to revise that portion of its regulations defining the term "substantially limits";

expands the definition of "major life activities" by including two non-exhaustive lists:

the first list includes many activities that the EEOC has recognized (e.g., walking) as well as activities that EEOC has not specifically recognized (e.g., reading, bending, and communicating);

the second list includes major bodily functions (e.g., "functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions");

states that mitigating measures other than "ordinary eyeglasses or contact lenses" shall not be considered in assessing whether an individual has a disability;

clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;

provides that an individual subjected to an action prohibited by the ADA (e.g., failure to hire) because of an actual or perceived impairment will meet the "regarded as" definition of disability, unless the impairment is transitory and minor;

provides that individuals covered only under the "regarded as" prong are not entitled to reasonable accommodation; and emphasizes that the definition of "disability" should be interpreted broadly.

EEOC will be evaluating the impact of these changes on its enforcement guidances and other publications addressing the ADA.

Effective Date:

The ADA Amendments Act is effective as of January 1, 2009.

[doni54]

Thanks, I was hoping it might help.  And thanks for the other sites you gave us.

[lbradley35]

Doni,
I'm glad you posted this information.  Everyone with a disability needs to be aware of the resources available to them. No one will tell you where to go, what to do or your rights as a disabled person.

I provide disability resources daily to people and they are always amazed at what services are available. As disabled people, we have to become our own advocates or at least find local advocates to help guide us through the process. This forum has provided alot of information for people with all types of disabilities, not just MS.  

The ADA is our friend and we need to know what our rights as US citzens are and regulations they are changing. I'm providing you with a National Organization called JAN. The JAN website will provide you with detailed information & Q&A on the ADA. It is to your benefit to know the regulations and to know what your state legislators are voting for/against.

Link: www.jan.wvu.edu/links/adalinks.htm

The Governor's Commission:
Every state has a Governor's Liaison's Committee. I know from personal experience when people have called, especially about disabilities and not receiving help from government agencies....the Governor's office has made things happen and quickly. So, I'm providing you a link for all 50 states.

www.dol.gov/odep/state/directory.htm#alabama

Ticket to Work Program:
Are you Receiving Benefits and Interested in Working?
Link: www.socialsecurity.gov/work/receivingbenefits.html

How to apply for Medicare and information about services:
www.ssa.gov/disability/

Electronic Disability Guide:
www.ssa.gov/disability/electronic_disability.htm

Department of Labor by location:
www.dol.gov/dol/location.htm