3/28/2011

Are the most Americans disabled?

Why don't they just make it easy and say that everyone is disabled? After all, it someone isn't smart enough to get the benefits of disability by simply claiming that they are disabled, they must not be very smart. From Fox News:

The ADA, originally passed in 1990 and updated by Congress in 2008, originally defined disability as "a physical or mental impairment that substantially limits a major life activity."
When a worker satisfies the definition, employers must provide reasonable accommodations. For years, employers and employees have clashed over who truly qualifies for the sometimes-costly modifications to workplace duties and schedules. Attorney Condon McGlothlen says the new regulations could have a profound impact on that debate.
"Before, perhaps 40 million people were covered by the ADA. That number will increase significantly," McGlothlen told Fox News. "Some people might even say that a majority of Americans are covered as disabled under the law." . . .
Overall, lawyers for employers say the regulations shift the burden of proof in disability claims.
They say that employers will now have to show why a worker doesn't require special accommodations, rather than employees proving that the measures are merited.
"It's going to be very difficult for employers to argue in just about any case that an employee is exaggerating their disability or that the person isn't genuinely disabled," McGlothlen said. . . . .

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