Month: September 2023

Categories
Disability Rights

Is Dwarfism a Disability Under the ADAAA?

Reserved 4 disabled

Many little people don’t consider themselves “disabled,” because they are independent and productive citizens. In contrast, others assume their dwarfism automatically qualifies them as having a protected disability under the Americans with Disabilities Act (ADA). In either case, disability self-perception is not determinative. Rather, it’s a case of whether the individual meets the disability criteria defined in this landmark civil rights legislation.

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On September 25, 2008, President George W. Bush signed the ADA Amendments Act of 2008 (ADAAA) 18 years after his father, President George H. W. Bush, signed the ADA. The amendment was necessary because the Supreme Court of the United States (SCOTUS) perception of disability under the ADA was too narrow. The ADAAA overrides past SCOTUS interpretations decreeing that the disability definition should be construed broadly to make it easier for individuals to establish they have a protected disability.

So what is the criteria for showing that dwarfism is covered under the ADAAA? A “yes” answer to any one of the following three questions means you’re protected.

  • Do you have an impairment that substantially limits one or more major life activities?
  • Do you have a record of such an impairment?
  • Are you regarded as having an impairment even though you don’t?

It’s not about a diagnosis, but rather whether an impairment substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population. This requires an individualized assessment.

The ADAAA (42 U.S.C. § 12102) and regulations of the United States Department of Justice (28 C.F.R. §§35.108, 36.105) and Equal Employment Opportunity Commission (EEOC, 29 C.F.R. § 1630.2) spell out how the disability definition should be construed. Non exhaustive lists define “physical or mental impairment,” “substantially limits,” and “major life activities.” As a little person with Larsen’s Syndrome I can pick pertinent traits from these lists to demonstrate my disability under the ADAAA. For instance, my physiological disorder (1) affects my musculoskeletal, respiratory, and cardiovascular body systems; (2) substantially limits my major life activities of walking, sleeping, standing, reaching, lifting, bending, breathing; and (3) affects normal cell growth. People with dwarfism and other disabilities can also pick from these lists to show how they meet the ADAAA disability definition.

Thankfully many people with dwarfism have qualified for ADAAA protection. Here are a few examples:

  • An applicant was compensated $20,000 after being denied a purchasing manager position because he didn’t have a driver’s license even though having a license was not an essential job function. United States vs. York County, South Carolina (2019).
  • A nine year old boy received compensatory damages from a youth wrestling league that failed to modify their policy to allow him to “play down” one age division so he could compete with wrestlers closer to his weight and size. B.K. vs. Pikes Peak Wrestling League (2016). 
  • Starbucks agreed to pay $75,000 to a trainee after denying a reasonable accommodation during training and then refusing to hire her (2012).

So let’s reframe the question. Are YOU disabled under the ADAAA? Check the regulations (cited above) to find out.

You may also want to read other ADA blog posts by Angela Muir Van Etten:

Employment note:

Under its affirmative action rules, the EEOC treats dwarfism as a targeted disability because dwarfs face significant barriers to employment, above and beyond the barriers faced by people with the broader range of disabilities, see “Questions & Answers: The EEOC’s Final Rule on Affirmative Action for People with Disabilities in Federal Employment.” January 3, 2017. https://www.eeoc.gov/laws/guidance/questions-answers-eeocs-final-rule-affirmative-action-people-disabilities-federal

Categories
Medical

PHYSICAL THERAPY: Move and Improve

heart PT

We missed World Physical Therapy Day on September 8, but let’s make sure we don’t miss the benefits of physical therapy (PT). As Albert Einstein said, “Life is like a bicycle. To keep your balance you must keep moving.” And that’s where physical therapists come in—they “move people to action” (PTProgress.com).

“It will hurt.
It will take time.
It will take dedication.
It will require willpower.
It requires sacrifice.
There will be temptation.
But when you reach your goal it’s worth it.”
Author Unknown.

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The natural tendency is to resist PT because it hurts! Indeed that’s a common excuse for refusing to do assigned exercises. But as counter intuitive as it sounds, PT can help reduce pain and discomfort. For example, by strengthening muscles, tendons, and ligaments strain on the joints is eased. Therefore we need to be stronger than our excuses and follow the example of various patients:

“Instead of giving myself reasons why I can’t, I give myself reasons why I can.”

(Proactivept.com)

“Today it hurts, tomorrow it works.”

(teepublic.com).

I know this from experience. At age 36, I had severe pain and immobility in my left shoulder. I’d had it before but, this time, rest and over-the-counter medication didn’t solve the problem. I was skeptical when an orthopedist referred me to PT. But after three months of anti-inflammatory pills, heating pads, ultrasound, stretching, and exercise, I was pain-free with improved range of motion. I also learned how to manage future frozen shoulder threats and flare-ups.

PT also helps with post-surgery rehabilitation. After my husband Robert’s bilateral hip replacements in 1997, he not only grew an inch, he also worked hard on his therapy. His discharge from the hospital to home depended on him being able to climb stairs into the house. He was so determined to achieve this goal that the therapist observed that he must be a workaholic. And she was right. Once at home, he continued his hard work and dedicated himself to reach his new goals of returning to the office and driving his vehicle.

After my aortic valve replacement open heart surgery in 2013, I imagined I would entertain visitors reclining on plumped up pillows in the bed. Instead hospital staff had me on my feet and walking circuits within a couple of days. The patients who stayed in bed instead of doing their daily walks were jeopardizing their recovery. I understood the connection between movement and healing, used all six of my PT home visits, and diligently did my exercises. Thankfully my therapist was very adept at modifying the exercise regime to my orthopedic limitations. He taught me how to stay physically active without breaching sternal precautions.

PT can also be an alternative to medication and surgery. It can increase endurance and strength, improve balance and breathing, and reduce joint inflammation. If you want independence without disabling pain, consider PT. Be ready to “push yourself; no one is going to do it for you.”

 “The work you do today determines where you will be tomorrow.”

(k2-healthcare.com)

The therapy examples in this post are excerpted from “PASS ME YOUR SHOES: A Couple with Dwarfism Navigates Life’s Detours with Love and Faith,” book II in my dwarfism memoir trilogy. go to https://angelamuirvanetten.com for book details and retail links.

Categories
Inclusion

Disability Inclusion and Emergency Planning

Courtney Wentz unsplash
Photo by Courtney Wentz on Unsplash
Photo credit Eden Emerald Buyers Agent
https://eebuyersagent.com.au/

This Patriot’s Day we honor the memory of the 2,977 people killed by terrorists on September 11, 2001. Let’s pause for a moment and renew our solemn vow to never forget. We can also continue our resolve for never again by appreciating the Transportation Security Administration created to prevent similar attacks in the future.

Generally, post disaster studies advance the never again resolve by focusing on future preparation, response, recovery and mitigation. The 18 separate billion-dollar weather disasters in 2022—causing at least 474 deaths—has given emergency management agencies much to review and tweak in their plans. Yet despite being

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adversely and disproportionately impacted and at higher risk of dying during disasters, older adults and people with disabilities are often excluded from the planning process. This needs to change!

Integrating people with disabilities in emergency drills and exercises is a good place to start. June Isaacson Kailes, a disability policy consultant, provides practical guidance on how to make this happen (see citation at the end of this post):

1. Recruit qualified disability subject matter experts based on experience living with a disability or implementing equal access and compliance with the Americans with Disabilities Act;

2. Use people with actual disabilities not nondisabled actors;

3. Get participant feedback about what worked, didn’t work and what needs to work;

4. Budget for accommodations like handouts in alternative formats or sign language interpreters. Consider helping with the costs of transportation, personal assistants, and support people;

5. Choose an accessible location i.e. near a public transportation stop with accessible restrooms, meeting facilities, and staging area;

6. Schedule the exercise when public transportation is available; and

7. Garner feedback from disabled participants on the exercise and draft After Action Report.

Failure to follow these guidelines can result in flawed plans based on disability stereotypes and misconceptions. Also deaf or mobility impaired recruits may bail on an exercise if unable to understand an unqualified interpreter unfamiliar with the terms being used or unable to use an inaccessible bathroom.

Kathie, a blogger who is blind and participates in local emergency response drills every four years, observes that responders are good caring people, but may lack training on disability dos and don’ts. She encourages people with disabilities to volunteer to be victims and uses her participation to educate responders on disability etiquette. Her top three tips to responders are (1) don’t separate me from my service dog, but if you have to, hold his leash at all times; (2) don’t grab and manhandle me—tell me what you’re doing instead; and (3) don’t push me in front of you—let me take your elbow.

There’s a bill pending in both houses of Congress that addresses these issues—the Real Emergency Access for Aging and Disability Inclusion (REAADI) for Disasters Act Senate (S. 1049) and House (H.R. 2371). Please contact your representatives to solicit support for this law which protects the health, safety and independence of people with disabilities during a disaster.

You may also want to read:

Categories
Transportation

Disabled Scooter Airport Story

Disabled scooter

I landed in Sydney, Australia after a grueling 16-hour flight from Dallas, Texas (connecting from West Palm Beach, WPB, Florida). The flight was flawless, unless you count Sydney baggage handlers propensity for ignoring instructions to deliver my scooter to the plane door. They’ve done this so many times in the past, I anticipated the need to use wheelchair service to baggage claim where the scooter was delivered.

On my return trip to Florida three weeks later, check-in staff agreed for me to ride my scooter up the jetway to the plane door where a lift could take it downstairs to the

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baggage hold. Yet despite being at the gate for at least an hour before boarding, the boarding agent told me I was going to make the plane late! What? She was the one who stopped me riding the scooter to the door and instead of pre-boarding me with passengers needing assistance was boarding me last because she couldn’t get anyone to take the scooter. Finally, another employee intervened. He let me ride to the door and had no trouble finding two baggage handlers to take the scooter down the lift. Clearly the boarding agent was the source of this problem.

Upon arrival in Dallas, I was pleasantly surprised when my scooter appeared unscathed at the plane’s door. But sadly my scooter story doesn’t end here. After immigration and customs clearance, the scooter broke down. A concerned passenger tried to help, but despite being a mechanic he couldn’t diagnose or fix the mechanical problem without proper tools. (Ironically this forced me to check the disabled scooter in Dallas and voluntarily pick it up in baggage claim in WPB.)

Meanwhile I had to get to my connecting gate without wheels to carry me, my CPAP, computer, coat, and handbag. This time I welcomed the wheelchair service. However, when the gate changed to another terminal requiring a SkyLink ride on the monorail, my wheelchair transporter tried to dump me onto a golf cart with a step too high for me to climb. I refused to switch. This was the first of seven gate changes—three on my original departure date and four the next day after my first flight was cancelled and rescheduled. Each change involved a prolonged wait for another transporter.

But God was in the details. I teamed up with another passenger connecting to WPB who also needed wheelchair service. We watched one others bags when we went to the bathroom, got something to eat, or requested a transporter. And when our flight was cancelled a Good Samaritan advocated to help us avoid going to gate number eight to rebook our flight and arrange vouchers for a hotel, taxi and meal.

I landed in WPB 25 hours later than planned at 12:30 a.m. Despite the early morning hour, prayers were answered when a baggage handler was there with a cart to carry the disabled scooter, a wheelchair transporter brought me to baggage claim, and good friends Lorrie and Garry brought me home.

God provided for all my needs.

For more of my writings, go to https://angelamuirvanetten.com where you can subscribe to my weekly blog and find retail links to my dwarfism memoir trilogy.