American Journal of Nursing 2000 January Volume 100, Issue 1

ADA Coverage

A.
The ADA protects individuals with disabilities from discrimination related to employment practices or terms, conditions, and privileges. To be protected, you must be “a person with a disability who meets the skill, experience, education, and other job-related requirements of a position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of a job.” You must have a physical or mental impairment that substantially limits one or more of your major life activities (actions an average person performs with little or no difficulty, such as walking, breathing, seeing, hearing, speaking, learning, and working). Even if you do not have a disability, you may be covered under the ADA if you have a record of or are “regarded” as having a disability by your employer (see Workplace Protections, June 1999).

Last June, the U.S. Supreme Court narrowed the ADA’s scope of coverage by ruling in two cases that measures to correct an impairment, such as eyeglasses and medication, should be considered when determining whether an individual is disabled according to the ADA ( Sutton v. United Airlines, Inc., and Murphy v. United Parcel Service, Inc.). The court ruled in both cases that in order to be considered under the statute to have a disability, an individual must have an impairment that substantially and “presently” limits a major life activity. Thus, measures to correct or mitigate an impairment must be taken into account; an individual who isn’t substantially limited when using mitigating or corrective measures is not considered disabled.

Therefore, you may not be covered under the ADA if you are not substantially limited in a major life activity when using corrective lenses. However, you may be protected under the ADA if you are not fully able to see, even with the assistance of corrective lenses. Furthermore, if the mitigating measure itself—in your case, the corrective lenses—limits any major life activity, you may also be covered. Remember, however, that you still must meet the necessary prerequisites for the job even if you are impaired with your corrective lenses. Your employer will then determine whether you can perform the essential functions of the job with or without reasonable accommodation.

Finally, if you are a “qualified individual with a disability” who can do your job, with or without a reasonable accommodation, you then have certain rights: to reasonable accommodation to perform your job; to be treated equally by your employer; to participate in all facets of your workplace, including training or educational opportunities; and to seek promotion.

If you believe you’ve been discriminated against because of a disability or if you want more information about how the new court decisions affect you, contact one of the Equal Employment Opportunity Commission’s field offices (located in cities throughout the country) or visit the organization’s Web site, http:// www.eeoc.gov. You can also obtain a copy of the ANA’s Americans with Disabilities Act brochure by calling (800) 274-4ANA.

OSHA Releases Proposed Ergonomics Standard

On November 22, the Occupational Safety and Health Administration (OSHA) released a proposed ergonomics standard that, with proper enforcement, will prevent musculoskeletal disorders among nurses. Because back injuries affect up to 38% of all nurses, the ANA strongly supports the new standard. ANA President Beverly Malone, PhD, RN, FAAN, sent a letter of support to OSHA, and at a press conference announcing the standard, Beth Piknick, RN, a Massachusetts Nurses Association member, delivered a statement and introduced Secretary of Labor Alexis Herman. Both Malone’s letter and Piknick’s statement are on the ANA’s Web site, http://www.nursingworld.org. The ANA is also working with its state nurses associations to create strong responses to some negative newspaper editorials on the standard. There will be hearings on the standard next year, in which the ANA will participate.