Our newspaper ran a report yesterday, reprinted from the Los Angeles
Times, by David G. Savage, about the Supreme Court taking up the
question of "What is a disability", and what types of conditions and
diseases should be protected under the American Disabilities Act.
Parkinson's is specifically mentioned. Here are some excerpts:
"...Nine years after (the ADA) became law, it is entirely unclear whether
its legal shield protects many millions or just the relative few who are
blind or need a wheelchair."
"What is a disability has become one of the most contentious issues in
employment law. The Supreme Court will take up the question this month,
and the eventual answer could shape the job prospects of millions of
Americans."
"At issue are people who have diseases or conditions that, if medicated,
allow them to work. However these same conditions, some of which are
life-threatening, might leave them vulnerable to being fired, rejected
for promotions, or not hired in the first place. They include epilepsy,
diabetes, hypertension, Parkinson's Disease, asthma, allergies,
depression, cancer and heart disease."
"To the dismay of diabililty rights activists who championed the
Americans with Disabilities Act, judges have been skeptical of the notion
that such people are disabled. Most judges, adopting a strict and
conservative approach have said that a person with a disability is
someone who cannot function. Those who work well and do their jobs do not
have a disability, even if they are later fired because of a disease or a
physical impairment."
"This is absurd, a Catch-22. (Judges) say if you are working, you don't
have a disability." says Georgetown Un. Law professor Chai Feldblum who
helped draft the 1990 law."
It went on to say the Supreme Court will be hearing 3 separate cases
on this issue. One of the cases cited involves a UPS driver who has high
blood pressure, which was normally controlled by medication. In a
company physical, in 1994, it registered "just above the limit set by
UPS" and the man was fired. He filed suit under ADA, but "a federal judge
in Kansas dismissed his claim, and ruled he had no disability."
"In short, although UPS fired Murphy because of his high blood pressure,
the court threw out his lawsuit because he was physically capable of
doing his job."
The judges will hear arguments next Tuesday, and are expected to rule
before the summer recess.
