(C) Being regarded as having such impairment.
Although this language seems all encompassing, the Supreme Court has decided that the terms "substantially limits" and "major life activities" need to be interpreted strictly to create a demanding standard for qualifying as disabled. (Toyota Motor Manufacturing Kentucky, Inc. v. Williams 532 U.S. 184, 197 (2002)).
The result is a virtual Catch-22 for the disabled. Individuals who are able to mitigate the symptoms of their illnesses with medication, prosthetics, diet, or other devices may gain the ability to work, but simultaneously lose their protections under the ADA if the courts perceive their 'major life activities' to not be limited enough. Many employees with epilepsy, diabetes, cancer, HIV, muscular dystrophy and multiple sclerosis have been stripped of ADA protections and unfortunately, as medicine advances, many more could be discriminated against as well.
Imagine an amputee getting an advanced prosthetic leg, using his or her new-found mobility to find a job, and then being fired because he or she can't walk fast enough. With the current interpretation of the ADA intact such an individual would likely not be protected, and such discrimination could legally occur.
Despite what appears to be an unfair standard, the Supreme Court can't be blamed for strictly interpreting the ADA; it's simply their job to do so. Therefore, the only way to restore disability protections to thousands of affected Americans is to revise the ADA, which is exactly what Congress has been attempting to do.
On Thursday, November 15, the first of a round of Congressional hearings was held in support of H.R. 3195/S. 1881, a piece of legislation co-proposed by Democratic Majority Leader Steny Hoyer (D-MD) and Congressman James Sesenbreener (R-WI) that will re-instate the intended power and protections of the ADA. Unlike almost everything else in Washington these days, the amendment appears to have bi-partisan support. In fact, it currently has 232 co-sponsors in the House.
However, there are a multitude of corporate employers, like Wal-Mart, who will invest hundreds of thousands of dollars in corporate lobbyists and propaganda to either defeat or water down the amendment. For this reason, it's vital that those who believe in the unfairness of disability discrimination show their support by contacting their elected leaders.
For discussion on the legislation, including links to Senate transcripts and information on how to contact your representatives and urge them to support this amendment, visit the Disaboom ADA activism thread
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