Tuesday, October 27, 2009

EEOC Proposed Regulations and MCS

From Margaret Holt (Baird)

>snip

Hi Margaret,

I wanted to let you know that the EEOC has issued proposed regulations for=
the ADA Amendments which are attached. =20

Of possible interest to you (and certainly to me) is the example given on=
page 48442, left column:


(A) Example 1: An individual with
asthma who is substantially limited in
respiratory functions and breathing
compared to most people, as indicated
by the effects experienced when
exposed to substances such as cleaning
products, perfumes, and cigarette
smoke, is an individual with a
disability.
I expect to present comment at an EEOC Town Hall Listening Session in Phil=
adelphia on Friday, October 30, and will send written comments which are=
due November 23.

Example 1: An individual with
asthma who is substantially limited in
respiratory functions and breathing
compared to most people, as indicated
by the effects experienced when
exposed to substances such as cleaning
products, perfumes, and cigarette
smoke, is an individual with a
disability.
I expect to present comment at an EEOC Town Hall Listening Session in Phil=
adelphia on Friday, October 30, and will send written comments which are=
due November 23.
I expect to present comment at an EEOC Town Hall Listening Session in Phil=
adelphia on Friday, October 30, and will send written comments which are=
due November 23.
I will strongly support the proposed example. I will also recommend that=
the EEOC expand this example to include other body systems--at minimum=
neurological-- and to specifically include people disabled by chemical se=
nsitivities/intolerances either in this example or an additional example.=
I'd also like the exposure list expanded to include pesticides and will=
propose that too. I'm also going to recommend that the EEOC write an EEO=
C Q & A on chemical and electrical sensitivities/intolerances that discuss=
es these conditions, the ways in which one might be disabled by impacted=
bodily systems--the new ADA definition--, thereby discriminated against,=
and the need to accommodate. This concept won't be new to many people at=
EEOC because they've been tracking chemical sensitivity charges (complain=
ts) and making determinations on them including settlements under the ADA=
since 1993.

Mary Lamielle

(A) Example 1: An individual with
asthma who is substantially limited in
respiratory functions and breathing
compared to most people, as indicated
by the effects experienced when
exposed to substances such as cleaning
products, perfumes, and cigarette
smoke, is an individual with a
disability.
I expect to present comment at an EEOC Town Hall Listening Session in Phil=
adelphia on Friday, October 30, and will send written comments which are=
due November 23.

Example 1: An individual with
asthma who is substantially limited in
respiratory functions and breathing
compared to most people, as indicated
by the effects experienced when
exposed to substances such as cleaning
products, perfumes, and cigarette
smoke, is an individual with a
disability.
I expect to present comment at an EEOC Town Hall Listening Session in Phil=
adelphia on Friday, October 30, and will send written comments which are=
due November 23.
I expect to present comment at an EEOC Town Hall Listening Session in Phil=
adelphia on Friday, October 30, and will send written comments which are=
due November 23.
I will strongly support the proposed example. I will also recommend that=
the EEOC expand this example to include other body systems--at minimum=
neurological-- and to specifically include people disabled by chemical se=
nsitivities/intolerances either in this example or an additional example.=
I'd also like the exposure list expanded to include pesticides and will=
propose that too. I'm also going to recommend that the EEOC write an EEO=
C Q & A on chemical and electrical sensitivities/intolerances that discuss=
es these conditions, the ways in which one might be disabled by impacted=
bodily systems--the new ADA definition--, thereby discriminated against,=
and the need to accommodate. This concept won't be new to many people at=
EEOC because they've been tracking chemical sensitivity charges (complain=
ts) and making determinations on them including settlements under the ADA=
since 1993.

Mary Lamielle


Please help reduce our environmental impact.=20
Do not print this e-mail unless absolutely necessary

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