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:
“You should hurry up ... and acquire the cigar habit. It’s one of the major happinesses. And so much more lasting than love, so much less costly in emotional wear and tear.”
—Aldous Huxley (1894–1963)
“It is not enough that our life is an easy one. We must live on the stretch, retiring to our rest like soldiers on the eve of a battle, looking forward to the strenuous sortie of the morrow.”
—Henry David Thoreau (1817–1862)
“There is, I think, no point in the philosophy of progressive education which is sounder than its emphasis upon the importance of the participation of the learner in the formation of the purposes which direct his activities in the learning process, just as there is no defect in traditional education greater than its failure to secure the active cooperation of the pupil in construction of the purposes involved in his studying.”
—John Dewey (1859–1952)