Well, that poster was right in a way.
The ADA doesn't actually cover Lupus, MS, cerebral palsy (which is my DD's main diagnosis), blindness, autism or diabetes. In fact, the ADA doesn't cover ANY conditions or diseases at all (except for HIV/AIDS because at the time the ADA was drafted, people were getting fired for no other reason than that they had HIV or AIDS).
What it does cover is individual with a disability who has a physical or mental impairment that substantially limits a "major life activity", or has a record that sort of an impairment, or is regarded as having such an impairment.
"Major life activities" include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
There are certain conditions listed as examples of conditions that might cause physical or mental impairment. Some of the listed examples include (I added the bold):
Quote:
Examples of physical or mental impairments include, but are not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech, and hearing impairments; cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism. Homosexuality and bisexuality are not physical or mental impairments under the ADA.
They didn't have a long list of conditions because they didn't want to miss listing something and have it not be covered.
And, they also didn't want to just make someone covered because they have a specific diagnosis.
The way the law is written, it's not enough just to have a diagnosis of one of those "physical or mental impairments." The law says
Quote:
An "individual with a disability" is a person who --
Has a physical or mental impairment that substantially limits a "major life activity", or
Has a record of such an impairment, or
Is regarded as having such an impairment.
So, you have to have a "physical or mental impairment" and have a/some limitations.
It would be possible for someone who has a diagnosis of cerebral palsy, or lupus, or MS to NOT be covered by the ADA because their condition is not interfering with their ability to do things like walk, talk, eat, etc.
(In other words, an "impairment", such as MS, is only a "disability" under the ADA if it substantially limits one or more major life activities.)
It's possible that at some time in the future they might be covered (i.e. their condition may cause a disability) especially with things like MS or Muscular Dystrophy, which progress with time, but just having a diagnosis doesn't necessarily mean there is any disability.
Here's a link to a page of the ADA Title II highlights.
And another link to an article in Ability Magazine about the ADA.