Do WE have a disability?

leholst · Post by **leholst** » Wed Dec 20, 2006 6:36 pm

I've been asked on an application for employment if I have a disability. They define disability as:

"A disabled person is defined as someone who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as have such an impairment."

I have OSA. Am I considered disabled?

Thanks for the help on this one.

Lloyd

Josh S · Post by **Josh S** » Wed Dec 20, 2006 6:41 pm

What great question. I hope we have a few Lawyers out there to help out. it seems to me sleep is a "major life activities" But I'm just film editor so what do I know.

blarg · Post by **blarg** » Wed Dec 20, 2006 6:41 pm

From the American Disabilities Act website (emphasis added by me):

American Disabilities Act website wrote:The first part of the definition makes clear that the ADA applies to persons who have impairments and that these must substantially limit major life activities such as seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, and working. An individual with epilepsy, paralysis, HIV infection, AIDS, a substantial hearing or visual impairment, mental retardation, or a specific learning disability is covered, but an individual with a minor, nonchronic condition of short duration, such as a sprain, broken limb, or the flu, generally would not be covered.

The definition specifically lists breathing. It doesn't qualify when. It also notes that the condition must be chronic. OSA is. If people with HIV have a disability, then apparently so do we.

telly · Post by **telly** » Wed Dec 20, 2006 6:41 pm

leholst wrote:I have OSA. Am I considered disabled?

If you're looking for a "Park for Free" placard, it ain't gonna work Lloyd. I know, I've tried that already. I tried to fight it by saying, "Well, what do I do when I wanna sleep in my car? They didn't buy it. ... ...

krousseau · Post by **krousseau** » Wed Dec 20, 2006 6:49 pm

It involves a lot more than placards! It would be a good thing to know.

leholst · Post by **leholst** » Wed Dec 20, 2006 7:11 pm

Blarg.........I HAVE a breathing problem at night. I MUST use a device in order to breathe. If I don't use this device, I am impaired substantially during my waking hours. It is a life threatening impairment, and is a CHRONIC condition. It could lead to a heart attack or stroke. Thanks for the clarification. I don't give a frig what anyone else says, I'm going to list it on my application.

No, I don't want to "park free", Telly. That ain't the point. I'm so friggin' tired of everybody with a sprained toenail calling themselves "disabled", I could just sh*t. I've ALWAYS taken the stand that I'm healthy and those that ARE disabled should stand first in line. But the question was and is ..very simply: DO I have a DISABILITY! The soldier that comes back from Iraq without an eye - put him before me. The police officer that takes a bullet to keep me safe - put him before me. The firefighter who risks his life to save my baby, put him first..........But the woman who is 100lbs overweight and doesn't want to work and wants to claim disability........put ME FIRST over her! She's not disabled - she's lazy!

Whew, let me re...lax a ...bit!

blarg · Post by **blarg** » Wed Dec 20, 2006 7:17 pm

leholst wrote:If I don't use this device, I am impaired substantially during my waking hours.

The same could be said for someone who needs a wheelchair. The logic even works. They use the wheelchair only during their waking hours like we use a CPAP during our sleeping hours. They don't sleep in their wheelchair, and we don't walk around with our CPAPs.

Now, do I think it's easier to be on CPAP than in a wheelchair? OF COURSE, and BY A LOT. That doesn't change the law though.

krousseau · Post by **krousseau** » Wed Dec 20, 2006 7:19 pm

In your list of people seeking disability--I noticed that the soldier who lost an eye, the policeman who took a bullet, and the fireman who fisked his life---heroes all--were men. And the lazy, 100 pound overweight person was a woman.

Obesity is not a simple issue of being lazy. Time for you to do some reading on obesity and a retraction.

telly · Post by **telly** » Wed Dec 20, 2006 7:21 pm

krousseau wrote:It involves a lot more than placards! It would be a good thing to know.

I'm actually curious too. But I also can't resist passing up "telly"-ing a joke. I'm horribly sleep deprived, perhaps my timing is off?

BTW, what kind of application are you going to claim that you are disabled on?

Scientists are working on cures for OSA and Obesity. I hope they cure both.

leholst · Post by **leholst** » Wed Dec 20, 2006 7:31 pm

Hey Telly,

I've always admired you as a "stand up guy"........one of those guys that I see on screen that, although I know you're acting, you're really just who you are! And one of those guys that I'd like to have lunch with on a lazy hazy LA afternoon. Ain't a lot of guys I say that about! What's going on with your career?

Pooh105 · Post by **Pooh105** » Wed Dec 20, 2006 7:35 pm

Folks I work for the GOV and mu OSA has been listed as a disability under the ADA. The GOV is required to accommodate my OSA by not letting me drive distances greater than 50 miles (I do a LOT of driving).
At one time my supervisor had the gall to walk into my office space and demand, "That I had better get that dammed apnea cured"! When I showed him that there really is no "full" cure for OSA and that in fact I was covered under the ADA, his posture, tone of voice and mannerisms changed VERY quickly. I think he was afraid of the term, "Hostile Work Enviroment Complaint under ADA"!
I have been further informed that the GOV takes each OSA case on it's own merits as some forms of OSA are more serious than others.
Don't let you boss or supervisor push you around on this!

L8ter,

Pooh

Sleepless_in_LM · Post by **Sleepless_in_LM** » Wed Dec 20, 2006 7:36 pm

leholst wrote:I don't give a frig what anyone else says, I'm going to list it on my application.

leholst,

Do what you think is best, but I as an employer, I would seriously question someone considering themselves "disabled" because of OSA. That is from someone who has struggled for over a year with it and am finally making some improvements. By the logic being used, everyone with asthma would be considered disabled. I might consider it a disability if it could not be treated, for example central apnea...

But then I am not a lawyer. I would love to hear from someone who is.

leholst · Post by **leholst** » Wed Dec 20, 2006 7:40 pm

Hi Kroussau,

Nope, sorry, no retraction or apology. We ain't gonna do the PC here. Think of what I said in the generic - man or woman. PLEASE get off the PC stuff. That was not in the spirit of what I intended and you know it! Let's get back to the subject of........: Am I disabled? I could have added: The woman who has MS........the man who has MD, ad nauseum........

Come on, let's be real here. If you've got an agenda, go do it somewhere else. I DON'T. No agenda here.

OwlCreekObserver · Post by **OwlCreekObserver** » Wed Dec 20, 2006 7:44 pm

leholst wrote:I've been asked on an application for employment if I have a disability. They define disability as:

"A disabled person is defined as someone who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as have such an impairment."

I have OSA. Am I considered disabled?

Thanks for the help on this one.

Lloyd

It seems to me that the common sense response should be "no."

If you had a shunt in your heart to prevent a heart attack, would anyone consider you disabled? Probably not. So why would CPAP, which is really just a shunt that is in place for eight hours a day, be considered a "disability that substantially limits" the way you live your life?

OCO

blarg · Post by **blarg** » Wed Dec 20, 2006 7:44 pm

Sleepless, I agree with you. The ADA is designed to be sweeping and prevent people from being discriminated against because they have things like OSA or asthma. That's why the definition is so broad. So yes, I'd assume that asthma would be considered a disability under the ADA.

Do I really expect to be treated differently because of my OSA? No, I expect to be treated the same as everyone else. As such, I wouldn't bring it up on an application, but that's a personal decision of course. There's a difference between having a disability and being disabled. I'm lucky enough that my disability has effective treatment and that it doesn't interfere with my life to any large degree. Because I'm being treated, I have a disability, but the treatment means I'm not disabled. We're quite lucky in the scheme of things.

Do WE have a disability?

Do WE have a disability?

Re: Do WE have a disability?

Re: Do WE have a disability?