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The courts, following the Supreme Court's decisions, are finding that most times these people are considered "too functional" to be regarded as having a disability. As a result, many of the millions of persons with conditions such as epilepsy and diabetes, whose health may improve with medication, are being denied job opportunities, and have no recourse in the courts. Many employers mistakenly believe that people with these particular conditions cannot do the job effectively or safely, or just do not want "people like that" in their workplaces.
Fortunately, there are examples of employers taking steps on their own to accommodate the needs of employees with disabilities, such as the case of John Knopp. Mr. Knopp, a person with epilepsy, has had several seizures while on the job. His employer responded by authorizing him to carry a cell phone to call for help; in addition, the employer has provided workplace seizure first-aid training to help ensure that co-workers can appropriately respond.
At a September 13, 2006 congressional hearing, Epilepsy Foundation Board Chair Tony Coelho provided his personal perspective on why amendments to the Act are required to restore it to Congress' original intent: "The federal courts have so narrowly interpreted the ADA as to have effectively written people like me out of our own bill," stated Mr. Coelho, who has epilepsy and is a former member of Congress and original author of the ADA. He added, "It's time to restore the promise of the ADA that Congress intended."
On September 29, 2006, a bill was introduced in Congress to address these concerns. The bill, the "Americans with Disabilities Act (ADA) Restoration Act of 2006," would amend the ADA to cover individuals with a physical or mental impairment, even if their condition is only periodic (for instance, occasional seizures) or treatable with medication.
To learn more about the ADA, visit www.epilepsyfoundation.org
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