Major Life Activities
The ADA defines a covered disability as "a physical or mental impairment that substantially limits a major life activity". The Equal Employment Opportunity Commission (EEOC) was charged with interpreting the 1990 law with regard to discrimination in employment. Its regulations narrowed "substantially limits" to "significantly or severely restricts".
In 2008, effective January 1, 2009, the ADAAA broadened the interpretations and added to the ADA examples of "major life activities" including, but not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" as well as the operation of several specified "major bodily functions". The Act overturns a 1999 U.S. Supreme Court case that held that an employee was not disabled if the impairment could be corrected by mitigating measures; it specifically provides that such impairment must be determined without considering such ameliorative measures. Another court restriction overturned is the interpretation that an impairment that substantially limits one major life activity must also limit others to be considered a disability.
The ADAAA will undoubtedly lead to broader coverage of impaired employees. The United States House Committee on Education and Labor states that the amendment "makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability". Required doctor visits are not to be held against anyone with a disability.
Read more about this topic: Americans With Disabilities Act Of 1990
Famous quotes containing the words major, life and/or activities:
“That is my major preoccupation—memory, the kingdom of memory. I want to protect and enrich that kingdom, glorify that kingdom and serve it.”
—Elie Wiesel (b. 1928)
“There is a period near the beginning of every man’s life when he has little to cling to except his unmanageable dream, little to support him except good health, and nowhere to go but all over the place.”
—E.B. (Elwyn Brooks)
“Love and work are viewed and experienced as totally separate activities motivated by separate needs. Yet, when we think about it, our common sense tells us that our most inspired, creative acts are deeply tied to our need to love and that, when we lack love, we find it difficult to work creatively; that work without love is dead, mechanical, sheer competence without vitality, that love without work grows boring, monotonous, lacks depth and passion.”
—Marta Zahaykevich, Ucranian born-U.S. psychitrist. “Critical Perspectives on Adult Women’s Development,” (1980)