Disability law: problems and proposals.

Abstract

BACKGROUND: Medically disabled persons have traditionally encountered obstacles when seeking and maintaining employment. Integration of the medically disabled worker is the goal of recent legislation that directs removal of physical barriers and protects disabled workers from discrimination. The major force driving this social policy is the Americans With Disabilities Act (ADA). METHODS: Current disability laws and related judicial opinions are reviewed. Primary attention is focused on the ADA. RESULTS: Legislation addressing employment discrimination has serious deficiencies. Medical support of this important social policy is hampered by vague statutory definitions and seemingly capricious judicial opinions. CONCLUSION: Disability laws require precise language identifying specific, qualifying medical conditions. The laws should require comprehensive medical assessment that objectively establishes a connection between a medical disorder and severe, sustained impairment. Some currently included conditions, such as personality disorders, should be considered for exclusion.