The fifth rule of construction in determining if a person’s impairment substantially limits him or her in a major life activity states: The comparison of an individual’s performance of a major life activity to the performance of the same major life activity by most people in the general population usually will not require scientific, medical, or statistical analysis. Nothing in this paragraph is intended, however, to prohibit the presentation of scientific, medical, or statistical evidence to make such a comparison where appropriate.
The purpose of this rule is to make it clear, once again, that the federal Americans with Disabilities Act is to be interpreted broadly. The person with a disability needs only to show that he or she is restricted in the performance of a major life activity as compared to most people in the general population.
For example, a person with dyslexia may not be able to read handwritten notes. This person does not have to provide a physician’s note or statistics about dyslexia. He is allowed to, but is not required to. It is sufficient to say that most people in the general population can read handwritten notes.
It is reasonable to infer that most people can read such notes and that, if this person cannot, his impairment substantially limits him in a major life activity. Presenting statistics or scientific proof that dyslexia prevents people from reading handwritten notes is not required.
The entire purpose of the ADA is to remove barriers encountered by persons with disabilities while trying to live everyday life. The Amendments Act of 2008 makes it clear that the Act is not intended to add barriers that make persons with disabilities prove they should be covered by this law. This rule, like the other eight rules of construction, is intended to clarify this.
Annette Bourbonniere
401-846-1960
Fax: 401-846-1944
Twitter: @AccessInclude
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