Who is disabled

Justin Schwartz jschwart at freenet.columbus.oh.us
Sun Jun 21 20:29:03 PDT 1998


On Wed, 17 Jun 1998, Michael Perelman wrote:


> To what extent is the definition of disabled a social construction?

Entirely, but that doesn't mean it's not objective. We establish requirements for doing a job, e.g., being able to drive or lift a certaion weight. That's socially constructed. Someone with a disability may not be able to do it, or do it with accommodation. That's objective.


>
> We are expanding who is disabled. A California school district recently fired a
> teacher with a skin disorder. His fingerprints were insufficiently clear. In a
> sense, he is disabled, yet perfectly able to carry out his job.

Under the Americans with Disabilities Act, a disability is a mental or physical impairment tht substantially limit as a major life activity, wuch as working. You have to be precluded from a class or range of jobs by your impairment to be substanmtially limited from working. It's a close call whether the guy is disabled under the ADA, depends onw hether the fingerprinting limitation precludes him from a class or range of jobs. I'd take his case on these facts, though.

--jks



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