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"SEMANTICS".

THAT’S THE WORD THAT UNIVERSITY OF KENTUCKY'S ADA EXPERT, PATTY BENDER, USED TO DESCRIBE THE DIFFERENCE BETWEEN A “TRANSITORY OR MINOR” CONDITION, AND ONE THAT IS CHRONIC.  SHE INSISTED, UNDER OATH, THAT ALL OF THE MOUNDS OF MEDICAL EVIDENCE THAT I HAD PROVIDED DURING MY EMPLOYMENT WITH UK DID NOT ESTABLISH SUFFICIENT CRITERIA TO DETERMINE THAT I HAD A COVERED MEDICAL DISABILITY; THEREFORE UK HAD NO OBLIGATION TO OFFER REASONABLE MEDICAL ACCOMMODATION.

 "SEMANTICS." 

AS ANYONE WHO HAS EVER BEEN DIAGNOSED WITH ONE KNOWS, CHRONIC CONDITIONS -- THAT IS, MEDICAL CONDITIONS WITH AN EXPECTED OR ACTUAL DURATION OF 6 MONTHS OR LONGER -- ARE NOT TEMPORARY.  THE ADA STATES CLEARLY THAT SUCH A CONDITION IS A DISABILITY IF IT WOULD SUBSTANTIALLY LIMIT A MAJOR LIFE ACTIVITY WHEN ACTIVE.  THE CONDITION DOES NOT HAVE TO BE ACTIVE CONTINUOUSLY FOR SET AMOUNT OF TIME IN ORDER TO QUALIFY AS A DISABILITY.  THE ACT GOES ON TO DESCRIBE SPECIFIC EXAMPLES OF MAJOR LIFE ACTIVITIES SUCH AS WALKING, LIFTING, BENDING, SLEEPING, CARING FOR ONESELF, AND PERFORMING MANUAL TASKS.  SUBSECTION 9(B) OF TITLE 1 GIVES CLEAR EXAMPLES OF "REASONABLE ACCOMMODATION" SUCH AS JOB RESTRUCTURING, ACQUISITION OR MODIFICATION OF EQUIPMENT OR DEVICES, AND REASSIGNMENT TO AN OPEN POSITION THAT MEETS MEDICAL NEEDS. 

THE ADA WAS WRITTEN IN LAYMANS ENGLISH, AND A DISABILITY EXPERT SUCH AS MS BENDER SHOULD BE ABLE TO IDENTIFY THE DIFFERENCE BETWEEN A MINOR AILMENT -- LIKE THE COMMON COLD -- AND A MAJOR LIFE ALTERING DISABILITY SUCH AS DEGENERATIVE DISC DISEASE WHICH REQUIRED EMERGENCY SPINAL SURGERY.  THE ADA IS, AFTER ALL, THE CORNERSTONE FEDERAL DOCUMENT UPON WHICH MS BENDERS POSITION IS PREDICATED. 

IN 2008, CONGRESS SET FORTH TO IMPROVE UPON THE AMERICANS WITH DISABILITIES ACT, BECAUSE, EVEN TWENTY YEARS AFTER ITS’ INCEPTION, EMPLOYERS AND THEIR LAWYERS WERE STILL FINDING WAYS TO CIRCUMVENT THE PROTECTION OF THE ADA.  SUCH AS INSISTING, REGARDLESS OF ALL MEDICAL EVIDENCE TO THE CONTRARY, THAT AN EMPLOYEE CONSTANTLY SUBMIT MORE AND MORE MEDICAL PROOF UNTIL THEY THROW THEIR HANDS UP IN THE AIR IN DISGUST AND WALK AWAY FROM A 10 YEAR CAREER.

IT IS CLEAR, FROM ADA GUIDELINES, THAT I HAVE A DISABILITY.  SPINAL SURGERY IS NOT ELECTIVE.  THIS DISABILITY AFFECTS THE MAJOR LIFE ACTIVITIES OF WORKING, LIFTING, WALKING, BENDING, AND CARING FOR ONESELF.  THIS DISABILITY IS NOT ALWAYS ACTIVE, BUT, ACCORDING TO THE ADA, IT IS ALWAYS A DISABILITY, AND ACCORDING TO FEDERAL LAW, REASONABLE ACCOMMODATIONS SHOULD HAVE BEEN MADE. BUT THAT'S ALL JUST "SEMANTICS".
MY DISABILITY
I'VE GOT THE WILDCAT BLUES


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