Visit the Microscopic Colitis Foundation Website
Hi. My boss and I were just on a required work conference call about changes to the ADA Act. We believe now that Microscopic Colitis is definitely covered.
There are a few changes to the law but the major change is the mitigating measures. The law that went into effect Jan. 1, 2009 now says:
"Disregard of Mitigating Measures.Under the ADAAA, an individual may now be disabled even if the effects of the individual’simpairment are corrected by mitigating measures such as medication, prosthetics, hearing aids,medical equipment, learned behavioral or adaptive neurological modification, assistivetechnology, or accommodations, but excluding ordinary eyeglasses and contact lenses.
This means that even if you are taking medication for MC, or if you dont want to take it because of fear of side effects, you can no longer be told that they do not have to make reasonable accomodations for you. In my job I am required to be in the woods for hours looking for insects. I am also required to do a lot of driving in rural areas (I live in Vermont, most of the state is rural). There are days if my MC is bad that I cannot do this (but much of the time i CAN do it). Under the new law if it is a "bad" day and I cannot work outside in the woods all day, the law now says my employer has to honor this.
The last few years have been very stressful for me as far as work.
Another new feature under the new law is that the condition has to limit only one life activity, not most life activities.
I am assuming that others on this board have had issues with their job when they are in a flare and now I do not think it will be an issue anymore.
I have not been on this board for a while so if this is a topic that has already been covered, forgive my repeating old news.
I encourage everyone to do a google search on "Americans with Disablities Act 2009" and read about it for themselves.
Hope everyone has been well and enjoying life in the months since I last posted.
Revision of Americans with Disabilities Act
Moderators: Rosie, Stanz, Jean, CAMary, moremuscle, JFR, Dee, xet, Peggy, Matthew, Gabes-Apg, grannyh, Gloria, Mars, starfire, Polly, Joefnh
Here is another new feature of the act which is definitely a characteristic of MC:
Disregard of Current Abilities. An individual may also now be disabled even if the individual’s impairment or condition does not currently substantially limit a major life activity. Under the ADAAA, an impairment that isepisodic or in remission (for example, cancer) will be considered a disability if, when active, itwould substantially limit a major life activity.
one more:
The ADA has always protected workers who were “regarded as” disabled, even if they were not actually disabled. Before the amendments, claimants needed to show that the employer regardedthem as being substantiality limited in a major life activity. Now, a “regarded as” claimant needshow only that the employer perceived the individual as impaired, whether or not it believed theimpairment limited a major life activity. The ADAAA excludes “regarded as” claims for transitory (six months or less) and minor impairments
Disregard of Current Abilities. An individual may also now be disabled even if the individual’s impairment or condition does not currently substantially limit a major life activity. Under the ADAAA, an impairment that isepisodic or in remission (for example, cancer) will be considered a disability if, when active, itwould substantially limit a major life activity.
one more:
The ADA has always protected workers who were “regarded as” disabled, even if they were not actually disabled. Before the amendments, claimants needed to show that the employer regardedthem as being substantiality limited in a major life activity. Now, a “regarded as” claimant needshow only that the employer perceived the individual as impaired, whether or not it believed theimpairment limited a major life activity. The ADAAA excludes “regarded as” claims for transitory (six months or less) and minor impairments
Hi Andi,
No, this has not been posted before, and we're grateful for your bringing this to our attention. Those are some very profound changes in the law, and presumably, that should also make Social Security Disability Insurance claims easier to win, I would suspect.
Many thanks,
Tex
No, this has not been posted before, and we're grateful for your bringing this to our attention. Those are some very profound changes in the law, and presumably, that should also make Social Security Disability Insurance claims easier to win, I would suspect.
Many thanks,
Tex
It is suspected that some of the hardest material known to science can be found in the skulls of GI specialists who insist that diet has nothing to do with the treatment of microscopic colitis.
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kate_ce1995
- Rockhopper Penguin
- Posts: 1321
- Joined: Wed May 25, 2005 5:53 pm
- Location: Vermont
Hi Andi,
Out in the woods looking for insects...you must be dying for black fly season to arrive! How much snow do you have up there in the central part of the state? We've still got 20 inches in the backyard. I've got tulip leaves poking out next to the warmth of the house and one of my creeping phlox is showing on a south exposure bank. Tree buds are starting to swell (a little) too.
I spend a large portion of my working time working on dam rehab jobs, and I'm starting to schedule the backlog of jobs won this winter when I couldn't go out to do the inspections because of snow. A few in the southern end of my work area are starting to be snow free.
Katy
Out in the woods looking for insects...you must be dying for black fly season to arrive! How much snow do you have up there in the central part of the state? We've still got 20 inches in the backyard. I've got tulip leaves poking out next to the warmth of the house and one of my creeping phlox is showing on a south exposure bank. Tree buds are starting to swell (a little) too.
I spend a large portion of my working time working on dam rehab jobs, and I'm starting to schedule the backlog of jobs won this winter when I couldn't go out to do the inspections because of snow. A few in the southern end of my work area are starting to be snow free.
Katy
Hi Andi. What an interesting job you have- (what is this job? ). I teach, and believe me- it's not easy if it's a rough patch, to leave in the middle of a lesson! I mean, what can you say? Everyone just sits there looking at each other wondering why she left so suddenly in the middle of the lesson. It's not a situation where I can 'explain' to colleagues, as the students aren't 'colleagues'. Sigh
Hi Mia and Kate,
Just reading posts now. Kate, still have about 2ft. of snow in my yard but along the edges it is starting to melt and can see patches of grass. No tree buds yet, you guys are ahead of us in that.
Mia, I work with invasive insects. We set insect traps in the woods and check them every week and identify what insects are in the traps so we know if we have new invasive exotics or not.
Just reading posts now. Kate, still have about 2ft. of snow in my yard but along the edges it is starting to melt and can see patches of grass. No tree buds yet, you guys are ahead of us in that.
Mia, I work with invasive insects. We set insect traps in the woods and check them every week and identify what insects are in the traps so we know if we have new invasive exotics or not.