Using the wheelchair does not equal walking. It just equals mobility.
I know that the recent changes made some BIG changes in definitions (the original ADA was left open in hopes it would not need to be further defined. HA)
In regards to the ADA, Title I is the employment section and TitleIII is the public accommodation. So in terms of Title I:
Quote:The ADA does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet (EEOC Regulations . . ., 2011). Therefore, some people with sleep disorders will have a disability under the ADA and some will not.
A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having an impairment (EEOC Regulations . . . , 2011). For more information about how to determine whether a person has a disability under the ADA, visit http://AskJAN.org/corner/vol05iss04.htm .
Huh, seems as though the ADAAA (Americans with Disabilities Act Amendments Act
- the big changes they made within the last few years) deals with "mitigated". (bolding is mine) (and EEOC = Equal Employment Opportunity Commission)
Quote:When determining whether a person is substantially limited in a major life activity, we ignore the beneficial effects of mitigating measures except ordinary eyeglasses or contact lens. In the past, the U.S. Supreme Court held the opposite, that you do not ignore mitigating measures. This holding resulted in a lot of people not being covered by the ADA - people with conditions such as epilepsy, diabetes, and mental illness, who controlled their symptoms through measures like medication, good diet, and regular sleep. Prior to the Supreme Court holding, few people questioned whether individuals with these types of conditions had disabilities, but after the holding it was clear that many of them did not, at least not under the ADA definition. The ADAAA rejected the Supreme Court's holding regarding the use of mitigating measures.
For example, a person with epilepsy who takes medication to control her seizures will most likely be covered under the first part of the new definition of disability because we will consider what her limitations would be without her medication.
And note that the ADAAA states that the ameliorative (i.e., beneficial) effects of mitigating measures are ignored; if the mitigating measure itself causes any limitations, then those will be considered.
Evidence showing that an impairment would be substantially limiting without mitigating measures could include evidence of limitations that a person experienced prior to using a mitigating measure, evidence concerning the expected course of a particular disorder absent mitigating measures, or readily available and reliable information of other types.
So, basically, if I am reading this correctly, sleep apnea, even when treated successfully, would still be considered a disability according to the ADA and the employer would have to make reasonable accommodations. The first link had a list of possible accommodations as well as real examples.
Wow. That's big. In terms of employment, that's very big. I really need to keep up on this stuff more. I've only really kept up with the changes they made to Service Dogs.