Disabled but Able

        Does a disability really need to exclude one from being a "functional" member of society? Is the disability an obvious one like Tourette Syndrome or Parkinson's Disease, or a more obscure condition such as anxiety or depression? Irregardless; the degree of dysfunctionality depends in part on the person involved, societies understanding or lack thereof, as well as the severity of the disorder. According to the Americans with Disabilities Act (ADA), a disability is defined as:

(A)  a physical or mental impairment that substantially limits one or more of the major life activities of such individual;

(B) a record of such an impairment; or

(C) being regarded as having such an impairment.

The first part of the definition covers persons who actually have physical or mental impairments that substantially limit one or more major life activities. The focus under the first part is on the individual, to determine if (s)he has a substantially limiting impairment. To fall under the first part of the definition, a person must establish three elements:

(1) that (s)he has a physical or mental impairment

(2) that impairment substantially limits said individual

(3) one or more major life activities are affected.

The second and third parts of the definition cover persons who may not have an impairment that substantially limits a major life activity but who have a history of, or have been misclassified as having, such a substantially limiting impairment, or who are perceived as having such a substantially limiting impairment. The focus under the second and third parts is on the reactions of other persons to a history of an impairment or to a perceived impairment. A history or perception of an impairment that substantially limits a major life activity is a "disability."

The ADA was adopted by The U.S. Equal Opportunity Employment Commission in 1995 to prevention discrimination in the workplace for individuals with defined disabilities; however, the bill is a poor attempt at preventing said discrimination, and even provides for selective discrimination in certain instances. One example of such is Tourette Syndrome, as even though this condition meets all definitions of a disability as outlined in the ADA, certain contradictions arise with reference to TS. Considering that Tourette Syndrome can be disruptive due to vocalizations (in particular Corprolalia), and the fact that the ADA does not disallow discrimination for any "disruptive conditions", employers can and will discriminate against individuals with TS even though this affliction meets all definitions of an ADA Disability. Is it really a surprise that our government enacts legislation that is proposed to prevent discrimination in the workplace, leads the "protected" disability groups to feel they are protected from such actions, and leaves the affected individual with feelings of hopelessness and despair when a discriminatory act occurs?
       A note to individuals with Tourette's: If you have Corprolalia, annoying tics, or troublesome vocalizations don't rest assured. Your employer can and will take swift and decisive action against you and your livelihood. Lets ban together and show the government and citizens of our community that even though we are disabled we are able!