This is VERY important legislation, Donna! VERY!
The original intent of the ADA was to give proteciton to anyone with a disability. A disability was where someone had an impairment that substantially affected a major life acitivity. The definition of "substantially" has been bastardized by the Supreme Court and higher courts for many years now.
For example, in an epliepsy case, a man was finally fortunate enough to find the right combination of medications to get his seizures under control. Instead of having daily seizures, he was now only having them infrequently.
Under the original intent of the ADA, the fact that he had epilepsy, and that it caused him substantial limitations in his life, protected his job under the ADA. However, with recent court rulings, because he was able to control them with "mitigating measures" i.e. medication, he was no longer considered disabled.
Why is this important?
Because, one day, as can happen to a person with epilepsy, he had a breakthrough seizure at work. A pretty bad one. He was fired. He sued under the assumption he was covered under the ADA. After all, he was an epileptic, and during the time he was having daily seizures, they could not fire him. He was disabled.
No, says the Supreme Court. His seizures are now under control. They are infrequent, and no longer qualify him as a person with a disability. Therefore, his job is no longer protected. Fire away, Mr. Employer!
There is, however, a clause in the ADA that allows protection for a person who has a history of a disability, or is regarded as a person with a disability. But very often, the court ignores those two features.
We NEED this legislation to pass. This is not JUST a "clarification" of the ADA. It is to RESTORE the ADA to it's original intent. When a person with an impairment that substanially affects their major life activities, when they have more difficulties than the average person, then they are a person with a disability.
You can write your congressperson to ask them to cosponsor this legislation by going to the NAMI site:
Here's some more info on that:
Act Now to Strengthen the ADA July 25, 2007When the Americans with Disabilities Act (ADA) was signed in 1990, there was great hope that this law would help overcome the pervasive discrimination that people with mental illness and other disabilities face in the workplace and elsewhere. A series of court decisions since enactment have weakened the impact of this landmark law. For example, a 1999 decision by the U.S. Supreme Court held that people with mental or physical impairments whose conditions are stabilized by medications or other corrective measures are not disabled within the meaning of the ADA. This opens the door to discrimination by permitting employers to decide that an individual is too disabled to work while preventing this individual from filing an ADA complaint because he or she is not disabled enough to qualify for its protections. This is not what Congress intended when it passed the ADA.
On Thursday, July 26th, the 17th anniversary of the enactment of the ADA, Representatives Steny Hoyer (D-MD) and James Sensenbrenner (R-WI) will introduce the ADA Restoration Act of 2007. This Act is intended to clarify that the ADA is intended to cover people with disabilities irrespective of whether they are taking medications or taking other steps to manage their medical conditions and achieve recovery.
Action Needed! Contact you Representative today, and tell them to support strengthening the ADA! Your voice can make a difference in ending discrimination against Americans with mental illness who are working towards recovery!
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Take Action!