- Joined
- Aug 23, 1999
- Messages
- 36,350
This is a reminder to please play nice.
Calling other posters names is not allowed. So, please, if you are angry when you are typing, please do what I do: count to 10, re-read several times and delete anything that you would not like someone to write about you.
There are many gray areas, and people can disagree, but please don't become disagreeable about it. Also, please keep in mind that sometimes what we could say to someone doesn't quite come out the same way when it's put into writing.
It is true that the ADA doesn't cover many of the things people think it does cover.
This is a quote from one of the ADA websites FAQs:
A lot of the ADA has to do with employment, part has to do with education (The Individuals with Disabilities Education Act (IDEA) (formerly called P.L. 94-142 or the Education for all Handicapped Children Act of 1975), some has to do with access to things like buildings, transportation, voting, services provided with federal money.
The ADA does not list all conditions that fall under it, so there are a lot of gray areas that are being decided with court cases.
Here's a link to a good summary of 1999 Supreme Court cases. It is true that the Supreme Court has ruled that conditions which can be substantially controlled with medication do not fall under the ADA. That is the opinion of the Supreme Court, so it's not just a poster's opinion.
A lot depends on whether there are needs for accomidation; most of the court cases I have looked at revolved around whether a person had needs to could be accomidated. One court case I saw involved a ruling that Kindercare day care centers had to provide fingersticks for children with diabetes. They were not covered just because they had diabetes, but because there was a need that could be accomidated which affected their ability to engage in normal life activities of eating, drinking.

Calling other posters names is not allowed. So, please, if you are angry when you are typing, please do what I do: count to 10, re-read several times and delete anything that you would not like someone to write about you.
There are many gray areas, and people can disagree, but please don't become disagreeable about it. Also, please keep in mind that sometimes what we could say to someone doesn't quite come out the same way when it's put into writing.
It is true that the ADA doesn't cover many of the things people think it does cover.
This is a quote from one of the ADA websites FAQs:
An individual is considered to have a "disability" if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected.
The first part of the definition makes clear that the ADA applies to persons who have impairments and that these must substantially limit major life activities such as seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, and working. An individual with epilepsy, paralysis, HIV infection, AIDS, a substantial hearing or visual impairment, mental retardation, or a specific learning disability is covered, but an individual with a minor, nonchronic condition of short duration, such as a sprain, broken limb, or the flu, generally would not be covered.
The second part of the definition protecting individuals with a record of a disability would cover, for example, a person who has recovered from cancer or mental illness.
The third part of the definition protects individuals who are regarded as having a substantially limiting impairment, even though they may not have such an impairment. For example, this provision would protect a qualified individual with a severe facial disfigurement from being denied employment because an employer feared the "negative reactions" of customers or co-workers....
Q. What is "reasonable accommodation?"
A. Reasonable accommodation is any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities.
A lot of the ADA has to do with employment, part has to do with education (The Individuals with Disabilities Education Act (IDEA) (formerly called P.L. 94-142 or the Education for all Handicapped Children Act of 1975), some has to do with access to things like buildings, transportation, voting, services provided with federal money.
The ADA does not list all conditions that fall under it, so there are a lot of gray areas that are being decided with court cases.
Here's a link to a good summary of 1999 Supreme Court cases. It is true that the Supreme Court has ruled that conditions which can be substantially controlled with medication do not fall under the ADA. That is the opinion of the Supreme Court, so it's not just a poster's opinion.
A lot depends on whether there are needs for accomidation; most of the court cases I have looked at revolved around whether a person had needs to could be accomidated. One court case I saw involved a ruling that Kindercare day care centers had to provide fingersticks for children with diabetes. They were not covered just because they had diabetes, but because there was a need that could be accomidated which affected their ability to engage in normal life activities of eating, drinking.