New law protects more Americans with disabilities
On Wednesday, Sept. 25, President George W. Bush signed into law the Americans with Disabilities Act (ADA) Amendment Acts of 2008. This new legislation enables more Americans to qualify for protection under the ADA.
Since 1990, when ADA was first enacted, the U.S. Supreme Court issued two decisions that narrowly interpreted the meaning of the word "disability" under the act.
As a result, many individuals were disqualified from ADA protection. These included people who successfully controlled their conditions with medication, or had chronic or episodic conditions, but could go for lengthy periods without their conditions substantially limiting "major life activities." Additionally, a person's condition had to "significantly restrict" a major life activity before the condition would be considered a disability.
"Under the old legislation, many people with serious conditions—including those with psoriasis and psoriatic arthritis—could not meet the ADA's definition of having a disability," said Daniel Farrington, a Maryland employment attorney and National Psoriasis Foundation board member. "Therefore, they were not protected by the ADA from employment discrimination or guaranteed reasonable accommodations in the workplace."
Under the new legislation, many more medical conditions will qualify as disabilities. Of particular importance to the psoriatic community:
- Diseases of the immune system and those involving normal cell growth are now defined as affecting major life activities.
- An impairment that is episodic or in remission will be considered a disability if it qualifies as one when it is active.
- Whether a condition qualifies as a disability will be decided without taking into account the use of medication or other medical devices.
"The passage of this legislation will significantly expand the workplace rights for many members of the psoriatic community," Farrington said.
The law becomes effective Jan. 1, 2009. To learn more, visit www.ada.gov.
| 
