Mary,
The Supreme Court has ruled that people who are HIV positive and show no
symptoms of AIDS or any HIV related disease are covered under the
Americans with Disabilities Act because they are limited in the major
life activity of reproduction. Courts, except perhaps Judge Shedd's, do
not consider the cause of the disability in determining if disability
discrimination has occurred. This includes the causes you mentioned for
those who are HIV positive, those who have respiratory ailments from
cigarette smoking, those who are quadriplegic after ignoring a no
swimming or diving sign, and former and present gang members who got shot
and are now disabled.
Kelly
----- Original Message -----
From: "Mary Blanton" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, August 22, 2002 9:20 PM
Subject: Re: Fw: [Usher-Friends] Fw: Another Bush Judicial Nominee
ThreatensDisability Rights
"Judge Shedd ignored the plain meaning of the ADA when he approved a
state
health insurance pool's refusal of coverage for a man who was HIV
positive. "
OH, HOW does HIV fall under ADA??? Is it like being overwieght of
"addicted"
to cancersticks or other drugs? Of so, i DISAGREE that it is an
ADA-covered
conditi0on. And, in alot of cases now, isn't it brought on by careless
and
irresponsible behavior on the part of the person who has it. (Of course,
in
the case of rape, blood transfusions and infants born with it as well as
long-term partners who are mis-led by cheating partners, then it is no
fault
of thiers. But people engaging in unprotected sex with "casual partners
and
drug abuses, aren't they bringing it on themselves?) Tiugh words but
sometimes "tough love" is necessary.
MaryB.
DB Jose wrote:
> --------- Forwarded message ----------
> From: "cluther" <[log in to unmask]>
> To: "Usher-Friends" <[log in to unmask]>
> Date: Wed, 21 Aug 2002 18:56:05 -0400
> Subject: [Usher-Friends] Fw: Another Bush Judicial Nominee Threatens
> Disability Rights
> Message-ID: <001701c24965$ee971b00$52241bce@4rt4401>
>
> Hello Members of the Dolphins Family in USA.
> Please send this message out to our Deaf, Deaf-Blind and Blind friends
of
> USA. George W. Bush is trying to put another Judges on the bench who
is
> against the Disabilities Causes.
> Thank, Charles in NC.
> ----- Original Message -----
> From: "Justice For All Moderator" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Wednesday, August 21, 2002 4:58 PM
> Subject: Another Bush Judicial Nominee Threatens Disability Rights
>
> > "Another Bush Judicial Nominee Threatens Disability Rights"
> >
> > Jennifer Mathis <[log in to unmask]> of the Bazelon
> > Center shares the following summary about another Bush
> > nomination to the federal court system:
> >
> > "Dennis Shedd's Record on Disability Issues"
> >
> > Judge Dennis Shedd, a Bush nominee to the Fourth Circuit
> > Court of Appeals, has a striking record of hostility toward
> > civil rights during his years on the federal bench,
> > including a consistent disregard for the rights of people
> > with disabilities. He has ruled against disability rights
> > plaintiffs in almost every instance, departing from settled
> > law and adopting tortured interpretations of disability
> > rights laws. His opinions routinely ignore evidence,
> > stating in conclusory fashion that the plaintiff has failed
> > to produce evidence to support her claims. For example:
> >
> > Judge Shedd effectively read the right of employees to
> > "reassignment" out of the Americans with Disabilities Act.
> > Reassignment to a vacant position is a crucial protection
> > for individuals with disabilities who can no longer perform
> > their current jobs. Congress explicitly included
> > reassignment as one type of accommodation required by the
> > ADA. The Equal Employment Opportunity Commission (EEOC)
> > and the courts have consistently interpreted the ADA to
> > require an employer to reassign a person with a disability
> > to a vacant position for which he is qualified, if such a
> > position exists, when the person is no longer able to do
> > his current job. Judge Shedd drastically limited the right
> > to reassignment in a way that not only made no sense but
> > was flatly contradicted by the EEOC, the agency on whose
> > interpretations Judge Shedd purported to rely. Judge
> > Shedd's decision stands out as both unique and bizarre.
> >
> > Judge Shedd ignored the plain meaning of the ADA when he
> > approved a state health insurance pool's refusal of
> > coverage for a man who was HIV positive. The pool was
> > designed to provide insurance for individuals whose medical
> > conditions disqualified them from private insurance. No
> > other medical condition was excluded, and the state had
> > done no actuarial analysis to justify the exclusion of
> > individuals with HIV/AIDS. While many courts have held that
> > the ADA does not prevent insurance plans from providing
> > lesser benefits for treatment of particular types of
> > disabilities, Shedd's ruling that the ADA permits the
> > complete exclusion from any benefits based on a person's
> > disability goes way beyond those decisions. The plaintiff
> > who brought this case sought to have it decided on an
> > expedited basis, but died eight months later, before any
> > decision was rendered.
> >
> > Judge Shedd rejected a discrimination claim of a man who
> > was fired because of his status as an alcoholic even though
> > his alcoholism had no effect on his work performance and he
> > was not intoxicated at work. The employer discovered that
> > the man was drinking during a two-week period of leave
> > approved by the employer, and fired him on that basis
> > alone. The man was fired before he returned to work. A
> > federal magistrate found no evidence that the man's
> > alcoholism interfered with his ability to do his job and
> > recommended that his claim be permitted to proceed.
> > Nonetheless, Judge Shedd rejected the magistrate's
> > recommendation and threw out the man's discrimination
> > claim. He concluded, without citing any evidence, that the
> > man's alcoholism rendered him unable to do his job, and
> > therefore was not protected by the Rehabilitation Act.
> >
> > Judge Shedd exhibited troubling attitudes toward
> > individuals with disabilities in his courtroom. In a 1995
> > criminal trial, Shedd upheld the prosecutor's request to
> > require the defendant's wife to hide that she was blind.
> > The prosecutor was concerned that the wife's blindness
> > would engender sympathy for the defendant. The prosecutor
> > asked that the wife keep her cane out of sight. Shedd
> > inquired of the defense attorney, "Does the cane have to be
> > visible during the court trial?" The defense attorney
> > replied that the woman depended on it. Shedd stated: "It
> > is going to be down. I will stop the trial if she uses it
> > for anything other than access in and out."
> >
> >
> > What you can do: Contact your senator to voice your
> > opposition to the nomination of Judge Shedd to the Fourth
> > Circuit Court of Appeals. It is particularly important to
> > contact Senator Leahy, the Chairman of the Senate Judiciary
> > Committee, and the other senators on the Committee. The
> > Committee members are:
> >
> > Democrats:
> > Senator Patrick Leahy from Vermont, 202-224-4242
> > Senator Joe Biden from Delaware, 202-224-5042
> > Senator Richard Durbin from Illinois, 202-244-2152
> > Senator John Edwards from North Carolina, 202-224-3154
> > Senator Herbert Kohl from Wisconsin, 202-224-5653
> > Senator Russ Feingold from Wisconsin, 202-224-5323
> > Senator Dianne Feinstein from California, 202-224-3841
> > Senator Charles Schumer from New York, 202-224-6542
> > Senator Maria Cantwell from Washington, 202-224-3441
> > Senator Edward Kennedy from Massachusetts, 202-224-4543
> >
> > Republicans:
> > Senator Orrin Hatch from Utah, 202-224-5251
> > Senator Charles Grassley from Iowa, 202-224-3744
> > Senator Arlen Specter from Pennsylvania, 202-224-4254
> > Senator Jon Kyl from Arizona, 202-224-4521
> > Senator Mike DeWine from Ohio, 202-224-2315
> > Senator Jeff Sessions from Alabama, 202-224-4124
> > Senator Sam Brownback from Kansas, 202-224-6521
> > Senator Mitch McConnell from Kentucky, 202-224-2541
> > Senator Strom Thurmond from South Carolina, 202-224-5972
> >
> > # # #
> >
> > =====================
> >
> > JUSTICE FOR ALL -- A Service of the
> > American Association of People with Disabilities
> > www.aapd-dc.org www.jfanow.org
> >
> > There's strength in numbers! Be a part of a national
> > coalition of people with disabilities and join AAPD today.
> > www.aapd-dc.org
> >
> >
> >
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