Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
In reply to the discussion: 12 year old commits suicide after being bullied for alopecia [View all]Ms. Toad
(38,742 posts)80. Non-experts determine whether someone has a disablity.
What makes it a disablity, in the eyes of the law, are facts (as evaluate by a jury) which meet the legal definition of a disability (as the law is explained to the jury by the judge). Whether you like it or not, that's how disability is determined under the ADA.
And whether you think the definitino is too broad - it is what Congress intended. Courts, for years after enactment of the ADA, tried to limit the definition of disablity to a much narrower group of conditions - and in response to those narrowing decisions, in 2008, Congresss amended the law to reinforce that they really did intend disability to be broadly interpreted.
On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 ("ADA Amendments Act" or "Act" ). The Act emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.
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 effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.
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 effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.
https://www.eeoc.gov/statutes/americans-disabilities-act-amendments-act-2008
Edit history
Please sign in to view edit histories.
Recommendations
0 members have recommended this reply (displayed in chronological order):
86 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
In that case, I need only find 12 sympathetic jurors to rule my left-handedness a disability
Orrex
Mar 2022
#72
That's why when I go to live comedy shows I keep as low a profile as possible.
DemocratSinceBirth
Mar 2022
#26
If their workplace doesn't allow head coverings, for example, a reasonable request could be to allow
WhiskeyGrinder
Mar 2022
#32
Good point. Anyone who thinks Trump's mocking of the reporter was innapropriate, and Chris Rock's
Flaleftist
Mar 2022
#57
But JPS was at an event where it's expected that there will be a comedian roasting members
Jetheels
Mar 2022
#70
Trump mocked and mimicked both with his body and voice, a reporter with a congenital joint
Jetheels
Mar 2022
#83
Seriously? AIDS and JPS's alopecia in the same breath? Now I've seen it all.
Duncan Grant
Mar 2022
#50
Outrageous. As someone who held men when they died, you're way out of line.
Duncan Grant
Mar 2022
#52
I get it, we're entertained by punching down and often justify it with false outrage.
Torchlight
Mar 2022
#58
No, but can we agree that is wrong to mock someone for a medical condition regardless of their age?
Flaleftist
Mar 2022
#54
The person who develops a method to end bullying should get a Nobel Prize.
DemocratSinceBirth
Mar 2022
#31