To: devane617
"He said the ADA is a wonderful law, and had the nerve to say it isn't complicated."
This statement shows just how broken the EEO process has become. I work in this field and the disability discrimination area is so complex that it is beyond belief.
The landmark Supreme Court case of Toyota Motor Mfg., Ky. v. Williams, 534 U.S. 184, articulated a high standard for establishing a disability pursuant to The Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12112(b)(5)(A). The Court was guided by the ADA's disability definition: "Substantially" in the phrase "substantially limits" suggests "considerable" or "to a large degree," and thus clearly precludes impairments that interfere in only a minor way with performing manual tasks. Further, because "major" means important, "major life activities" refers to those activities that are of central importance to daily life.
The Toyota case has kept the ADA from becoming a complete disaster. However, determining if an employee is disabled under the ADA is frequently a lengthy and consuming process. It is probably a great idea to have protections for disabled persons, but the EEO system now provides a huge avenue for individuals to intimidate and manipulate management. The drug abuse problem is just one of the areas that deny reason.
To: GeorgefromGeorgia
How would you like to be laid off from a good paying job, but the local crackhead stays on because they are 'protected' by ADA and in rehab?
What would RAH say?
Blech. squared.
38 posted on
06/07/2006 9:10:29 AM PDT by
ASOC
(Choose between the lesser of two evils and in the end, you still have, well, evil.)
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