Yes

by Lynda Kohn

Created on: December 30, 2008   Last Updated: December 28, 2010

I am a member of the mental health advocacy group at a local social service organization for people with disabilities. The agency deals most with psychiatric and sensory disorders.There are other disabled clients as well.

Before the Restoration of the ADA passed 2008, the definition of a person with disabilities was dwindled down to the point where millions of people were no longer officially considered disabled. The

US government assisting people with disabilities find employment was severely narrowed since the definition of who was disabled was extremely limited. Ergo the people who could be helped was significantly reduced.

In essence the restoration of the ADA act says a person with a disability is considered disabled whether or not he or she is successfully receiving treatment for it. Once somebody is disabled, successful treatment for it doesn't negate that.

This means that for example a person who is deaf who wears hearing aids is still considered protected by the ADA. The same thing for somebody who is mentally ill, but stabilized through medication. Or for that matter someone who is legally blind and whose vision is corrected by eyeglasses. This is basically saying that if one is born with a physical or mental challenge or becomes disabled that disability is there unless one is somehow cured of it. Aids treatments are not considered cures.

This ruling negated a terrible catch22 that was perpetuated by The Bush2 regime. It basically said a person with a disability, especially a severe one couldn't find paid employment because of their disability. If they were able to seek successful treatment for it, they were no longer considered disabled. This essentially meant if you suffered from a disability that didn't permit you to work that was one thing. However if you did something to help yourself, ie accommodations, then you could benefit from the original Americans with Disability Act. In my humble opinion this perspective effectively negates a major portion of the ADA. I am referring to the fair and reasonable accommodations section of the original ADA.

There are individuals with true disabilities where life for themselves is rather difficult. These include being wheelchair bound for whatever reason, sensory, mental, developmental and others. There are persons with disorders such as multiple sclerosis, polio, post polio syndrome, traumatic brain, spinal cord injuries, cerebral palsy, severe, crippling arthritis. While it is true there are varying degrees of severity in many of these conditions, the fact is many people are seriously effected.

Please note these are examples of major disabilities. It is definitely not meant to be an exhaustive list.

I will only focus on the employment parts of the ADA Restoration Act. There are those who say that government is not needed for those with handicaps to be gainfully employed. Are you familiar with the concept of vocational rehabilitation? While it doesn't mean that every person who is handicapped needs governmental or even private vocational rehabilitation, many do. The Office of Vocational Rehabilitation was not set up as a lark. By the way there are OVRs in every county in each state of the US. My question is if government is not needed for persons who are disabled then why was this agency established?

My next question was kind of help should the US government provide for disabled people seeking work? It isn't only government assisting people with disabilities with finding paid jobs, its how to do this. It isn't enough for OVR to get a client a job with pay. It is keeping it that's important too. It is obtaining a position that fits as much as possible the client's skills, aptitudes, educational background etc. From what I read on the pertinent messages in my Yahoo Disabilities Rights News and Views it is certainly not uncommon for OVR to get a client employment but not necessarily employment that matches the client's true abilities. I found this to be true as a disability advocate this is a rather common complaint of OVR.

There is the Job Accommodations Network. By its very name, one can presume its goal is to find ADA sanctioned accommodations for people with disabilities seeking work. For more on accommodations, please see previous paragraphs.

Unless that is truly the only thing they can do, work should be based on ones skills, employment history, interests as much as possible. I realize because of circumstances beyond anybody's control the ideal job based on what the client can do may not be feasible. However clients should find positions as close as possible to their skills, education, work background. This key phrase is as much as possible. This is true of people with disabilities too. Sheltered workshops do have their place but its not necessarily for every person who is disabled. To put anyone with significant physical and/or mental, developmental challenges in a job with no regard to their work background, education capabilities, etc is an insult.

There are persons who are born with disabilities and others who become disabled. A prime example is the late actor Christopher Reeve who sustained a spinal cord injury from a fall from a horse. Anybody can become disabled. In fact simply living long enough produces disabilities. So the truth is virtually anyone may need government help.

There is the US Office for Employment for the Disabled. It was begun during the George W. Bush presidency. Hopefully it is a helpful organization. However since Bush was the one who weakened the ADA so much that the ADA restoration act was created and consequently passed I doubt I can trust this agency to be helpful for disability employment. Maybe I'm wrong but I doubt it.

In conclusion a large majority of disabled persons could use government help in finding, maintaining employment. However it must be the right kind of assistance. Its not only help but the right kind of help. Disabled are individuals, not just numbers to be dismissed with makeshift work. Its not just assisting its doing it for what's truly best for the disabled client. It isn't only government help its the right kind of help based on the needs, educational, work background of the individual.

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