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Aka v. Washington Hosp. Center , (CA DC), 8 AD Cases 1093, 10/9/1998Summary: It is impossible to determine from factual record whether collective bargaining contract, which includes section on "handicapped employees'' that specifically contemplates their reassignment whenever "feasible,'' would ever preclude employer from reassigning disabled employee to vacant position without complying with contract's provisions regarding seniority and posting of vacancies, but employer clearly has power to do so in at least some circumstances.

Employment Law Alert. Issue 62 In Sutton v. United Air Lines , 1999 U.S. LEXIS 4371 (June 22, 1999), the Supreme Court held that the determination as to whether someone was disabled under the Americans with Disabilities Act “should be made with reference to measures that mitigate the individual’s impairment.” A companion case, Murphy v. United Parcel Service , 1999 U.S. LEXIS 4370 (June 22, 1999) dismissed mechanic Vaughn Murphy’s ADA claim because the medication he took to control his high blood pressure meant, according to Murphy’s physician, that he “functions normally doing everyday activities.” While these Supreme Court decisions closed off ADA access to people whose “disabilities” are moderated or eliminated by corrective measures or (as in Vaughn Murphy’s case) medication (see “Supreme Court Limits ADA Claims by Individuals with Disabilities,” November 1999 Employment Law Alert .) commentators wondered what would happen if an ADA plaintiff could correct his or her impairment but didn’t.This open issue arose in Spradley v.

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    • . . . . . Joe, who has a leg amputation, is rejected for a job because of the amputation.  When he seeks to challenge the rejection under the ADA, he is thrown out of court because he is not considered "disabled" under the ADA.  Unfortunately, individuals with a wide range of impairments find themselves in the same position.  A striking 95% of plaintiffs are denied their day in court under similar circumstances. The hallmark public policy of the ADA is that people with disabilities, for the first time in history, would be judged based on merit.  There can be absolutely no debate that Congress intended to prohibit an employer (or other entity covered by the ADA) from making an adverse decision based solely on the impairment of that individual, choosing instead to require decisions based on reliable medical evidence and qualifications.  This is why Congress adopted a three prong definition of disability, as follows: (B) a record of such impairment; or (C) being regarded as having such an impairment.

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    • Go to Page...Welcome to forum! Make sure to - it's free and very quick! You have to register before you can post and participate in our discussions with 1 million other registered members. User profiles and some forums can only be seen by registered members. After you you will be able to customize many options, you will have the full access to over 15,000 posts/day about local topics and you will see fewer ads. Yesterday was the court case for the two starved dogs the Humane Society picked up a month and a half ago. The Asst DA had told Tammy and Clay he felt they violated the 4th Ammendment and was going to drop the case. She found 3 attorneys - two local and one from Chattanooga - that agreed to represent the Humane Society since the Asst DA and County Commissioner were over heard trying to find ways to have her arrested if they could get the case dismissed.


    • ADA & Seizures | eHow.comDiscover the expert in you.One of the major rationales for the passage of the Americans with Disabilities Act (ADA) was to prevent lack of knowledge, stereotypes and unfounded fears from restricting the lives of individuals with disabilities. Seizure disorders exemplify that reasoning because they are still misunderstood by a large sector of the general population. However, the ADA and related laws have provided opportunities for people with seizure disorders to combat discrimination and live freer lives. Epilepsy is an umbrella term for a variety of neurological conditions causing "mind storms."Epilepsy is a group of conditions in which electrical or chemical impulses in the brain cause seizures or "spells" that result in a variety of neurological symptoms.

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    Washington, D.C. 20036Note: The ADA Restoration Act is now known as the ADA Amendments Act. (PDF). The bill will now go to the Senate for consideration and your senators need to hear from you.

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    Is regarded as having such an impairment.For example, a person with a facial disfigurement may not have an impairment which substantially limits one or more major life activities, but others may regard him or her has having one due to how he or she appears.A "disability" is a condition caused by accident, trauma, genetics or disease that may limit a person's mobility, hearing, vision, speech, or mental function.

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    For more information or to provide your feedback, please use the comment form. This work is licensed under a Creative Commons Attribution - Noncommercial - No Derivative Works 3.0 United States License , and the ADA Amendments Act.

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    An ADAAA “rule of construction” is that an episodic impairment is a disability if it would substantially limit a major life activity when active. A Missouri federal district court has held that whether an employee with an episodic impairment is a qualified individual with a disability is also determined when the impairment is active.

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