Americans with Disabilities Act to expand definition of 'disabled'

An amendment to the Americans with Disabilities Act extends the definition of "disabled."

By Gretchen Mahan

Published Sept. 26, 2008

Each weekday morning, Aaron Mantle's care worker or wife helps him get up and then drives him from his duplex to work as a cashier at the Brady Food Court at MU.

Mantle has had spinal muscular atrophy from birth, and as a result, finding a job can be extremely difficult. After working for a short time for a fundraiser, Mantle applied for a job with Campus Dining Services in 2000.

CDS has been accommodating Mantle by not requiring him to cook and clean, as the other cashiers must. But after the closing of Brady Food Court in December, Mantle will be out of a job. While other cashiers can move to other dining halls, Mantle cannot.

"They said they don't have anything in campus dining for me," Mantle said.

A new amendment to the Americans with Disabilities Act signed into law on Thursday might allow disabled persons in Mantle's situation to not have to worry as much about their job future.

Mantle plans to look for an office job, such as a chief clerk, but even that might have requirements that he will not be able to fulfill.

"I've had interviews where I felt like the minute I came in, the interview was over," Mantle said. He said at one interview, an employer said he would not have even told him to come in if he had known Mantle was in a wheelchair.

"It seems like if a place doesn't want to hire you, they'll find a reason," Mantle said. "Places that want to work with you will. Places that don't, wont."

The new measure expands the definition of "disabled" set out in the ADA, which provides accommodations for disabled workers.

Congress passed the bill after years of tension because of the U.S. Supreme Court's rulings and interpretations of the ADA. The bill deliberately rejects several specific Supreme Court rulings.

Lee Henson, coordinator of ADA at MU, said in America, where people are often defined by their vocation, employment is of the utmost value.

"I think employment is the most important thing that can change the lives of people with disabilities for the better," he said.

Henson is permanently confined to a wheelchair because of a spinal injury.

Gary Wunder, a member on MU's Standing Committee on Persons With Disabilities, said Congress and the president's decision not only affects disabled workers, but also benefits the population as a whole, because more disabled persons would be contributing to the workforce.

Wunder, who is blind, works as a computer program analyst for University Hospital.

According to the Center for An Accessible Society, 30 percent of disabled people are unemployed in the U.S.

Bob Pund, an advocate for disability issues, said in addition to providing work accommodations for the disabled, health care for disabled people is one of the most important issues in Missouri.

"We want to tear down the barriers so they can help themselves and help society," said Pund, who is paralyzed from the shoulders down.

Prior to the ADA amendments, if people's disabilities were controlled with medication, they could no longer be classified as disabled. Now, a person with a disease such as epilepsy or diabetes, even if they have it under control, will be able to qualify for accommodations.

The U.S. Chamber of Commerce and other business organizations supported the measure.

"It is encouraging to know that a lot of major employers supported it," Henson said.

MU Equity Director Noel English said she is unsure how the law will affect her organization, which works to secure equal opportunities and accessibility on campus.

Increased requests for accommodation could lead to greater administrative burdens, she said, but her group will find solutions to any problems that arise.