Labor & Employment Blog

YOU MIGHT BE DISABLED IF . . .

Posted February 22, 2010

Author: Brian A. Vandiver

On February 19th, I presented at the Arkansas Bar Association’s 33rd Annual Labor and Employment Law Conference in Little Rock, Arkansas.  My presentation covered the Americans with Disabilities Act Amendments Act of 2008 and the EEOC’s proposed implementing regulations.  The primary purpose of the Amendments Act and the implementing regulations is to more broadly redefine the ADA’s definition of disability.  Part of my presentation included a “top ten” list to highlight the extreme breadth of the ADA’s new definition of disability per Congress and the EEOC.  Enjoy.   

You Might Be Disabled If . . .

1.  If you are limited as compared to the general population in your ability to think, you might be disabled. 

2.  If you are limited as compared to the general population in your ability to communicate, you might be disabled.

3.  If you are limited as compared to the general population in your ability to interact with others, you might be disabled. 

4.  If you are limited as compared to the general population in your ability to eat, you might be disabled.

5. If your employer treats you differently because of impairment or perceived impairment, even though that impairment or perceived impairment does not substantially limit you, you might be disabled.

6. If your impairment is episodic or in remission, but would substantially limit you when active, you might be disabled.

7. If you use a mitigating measure, other than eyeglasses or contact lenses, that eliminates any limitation whatsoever, you may be disabled.

8.  If you are limited as compared to the general population in your ability to concentrate, you might be disabled.

9. If you are limited as compared to the general population in your bowel function, you might be disabled.

10. If you are a current user of illegal drugs, a transvestite, a transsexual, a pedophiliac, an exhibitionist, a voyeur, a compulsive gambler, a kleptomaniac, or a pyromaniac, you still are not disabled (at least for now).

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