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ADA Amendments Act of 2008

ADA Amendments Act of 2008

Woot Woot!!! How’s that for an educated sentence?  The ADA Amendments Act of 2008 passed.  What does this mean for you and me?  Let’s have a read

** The ADA Amendments Act of 2008 (S. 3406, passed by the Senate unanimously on September 11, 2008):

  • Overturns the erroneous Supreme Court decisions that have eroded the protections for people with disabilities under the ADA, restoring original Congressional intent.
  • Rejects strict interpretation of the definition of disability, and makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability.
  • Strikes a balance between employer and employee interests.
  • Prohibits the consideration of mitigating measures such as medication, prosthetics, and assistive technology, in determining whether an individual has a disability.
  • Covers people who experience discrimination based on a perception of impairment regardless of whether the individual experiences disability.
  • Provides that reasonable accommodations are only required for individuals who can demonstrate they have an impairment that substantially limits a major life activity, or a record of such impairment. Accommodations need not be provided to an individual who is only “regarded as” having an impairment.
  • Is supported by a broad coalition of civil rights groups, disability advocates, and employer trade organizations.  **

Congress overturned two Supreme Court cases that narrowed the scope of the ADA.  It’s now made clear that bodily functions such as immune system, digestion, brain, circulatory functions and more can be just as disabling as not being able to see, hear, or walk.  Here’s the biggie for me-Congress has said “An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.” This is a first!!!

I’m not in remission although I pray for it each day.  But the nature of the beast when it comes to autoimmunity for me personally is having really, really bad days then having what I would call a ‘good day’.  Before I got sick I would NEVER had called it a ‘good day’ for just having some pain while climbing the stairs instead of needing help, or having to lay down for an hour because of extreme fatigue as opposed to sleeping for 20 hours straight on a ‘bad’ day when the body says g’nite only to wake up hurting so bad you pray for sleep again, or just having to take one pain pill that day, or the burning is at a 4 on the pain scale, yay!!  But that is an extremely good day and they are few and far between for me.  Also having an autoimmune disease means taking meds that compromise our immune systems leaving us wide open for every cold, flu and nasty infection that comes down the pike.  I have to take them every day, no matter what.  If I didn’t my body would go into attack mode…it sucks.  That’s what it all boils down to is, it sucks.

(OK, now I’m a little off topic and rambling but my typing fingers have a mind of their own tonight.)
It’s bad enough to have a lifelong

, chronic, invisible, misunderstood, disabling, painful, depressing, incurable, “what’s it called?” disease, and to top it off, when your body says”That’s enough.  I’m shutting you down.” and you can’t work, disability tells you that you are not sick enough.  HA!  That pisses me off to no end.  The first time I filed for disability I was nixed within 3 months.  I got a letter telling me that I was well enough to work 40 hour weeks.  As soon as I read that sentence, I started laughing.  It started out slow, and it built up and built up until I was chortling like a maniac.  The Big C was getting concerned (I’d say scared, but he say’s he doesn’t get scared, hrmph)  At the time that I received the letter I was using a walker to walk and a wheelchair if we were going to be out for any length of time.  I had just started taking plaquenil and it takes time to start working.  I never thought there would be a day when I would be fighting to be considered disabled.  I don’t want to be disabled!!!!! I want to rewind time and be healthy.  Wow, how did I get off on this tangent??  This post was supposed to be good news…I guess good news with a little bitching thrown in.

That’s it for me tonight.  I’ve got the flu, LOL!  That’s probably why I’m so snippy.  Until next time

**taken from the website Committee on Education and Labor, Us House Of Representatives

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