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Thread: Is Tourette a Disability?

  1. #1
    Join Date
    Apr 2005
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    Ottawa, Canada
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    5,856

    Default Is Tourette a Disability?

    ADA criteria: Does it limit major life activity?

    Under the Americans With Disabilities Act, in order for an individual to be disabled, he/she must have a physical or mental impairment that substantially limits a major life activity. The ADA itself sets out some major life activities: breathing, walking, seeing, etc.

    Courts are frequently asked to expand upon this definition.

    For example, is interacting with others a major life activity? The leading case on this point indicates that a person may be considered substantially limited in the ability to interact with others only if the person has a severe limitation in the fundamental ability to communicate with others. Mere difficulty with getting along with co-workers would be insufficient to establish a substantial limitation.

    Under this rather heightened standard, severe conditions such as agoraphobia, autism or severe depression probably would qualify.

    Would Tourette Syndrome qualify?

    In a recent case, an employee had Tourette's Syndrome. His ADA claim failed when he was unable to establish that his condition substantially limited the major life activity of interacting with others.

    The evidence showed that he regularly communicated with co-workers and could handle personal tasks, like banking and grocery shopping, which put him in direct contact with others.

    James Jorgensen practices law at Hoeppner Wagner & Evans in Valparaiso.
    Complete Article

    How is Tourette Syndrome assessed in your particular jurisdiction?

  2. #2
    Join Date
    Sep 2005
    Location
    Georgia Chapter of the TSFC
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    272

    Default Is Tourette a Disability?

    Oh, this is so uncool!!

    Tourette's is a degenerative disorder of the facia and the skeletal system, as well as the muscles, and all the connective tissue.

    The real question is to find out if it qualifies if EVENTUALLY it will debilitate you. At some point in my life, I am going to have to have reconstructive surgery on my jaw, unless something serious changes soon. Does that count? Does it help qualify if I say it stresses me out every f***ing day of my Tourettic life?

    Oh, man, I get steamed when the bureacrats get their hands on my basal ganglia.
    Darin M. Bush, The Tourette Tiger, author of "Tiger Trails"
    http://www.facebook.com/tourettetiger

  3. #3
    Join Date
    Sep 2005
    Location
    Georgia Chapter of the TSFC
    Posts
    272

    Default Is Tourette a Disability?

    Woah. Did I mention I had TS+. I think I should have re-read that one more time before I hit Submit.

    I apologize for my tone, and my temporary coprolalia. This is not directed at Steve, or the forum, or anyone in this conversation. It is directed at all the faceless twits who deny me reasonable access to reality.
    Darin M. Bush, The Tourette Tiger, author of "Tiger Trails"
    http://www.facebook.com/tourettetiger

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