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Expanding the Definition of Disability Discrimination

Gadzooks, Batman

Disabled employee
Fed agency
Tue Jul 22, 2008 9:14 AM

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Well, as a person with a disability that limits more than one major life activity, I hope the standard for job suitability never enters anyone's bedroom.

The last paragraph summarizes it well - when it looks like she's about to be hired and posted, she's fine; when the agency expresses concern that there might not be facilities to treat a recurrence of her cancer at her overseas post, she suddenly labels herself "disabled." Because she can't have sex? Wow - does that make everyone who is celibate by choice "disabled"? Do they qualify for the handicapped placard from their local department of motor vehicles?

My Ex-Wife is 100%

Supervisor
Defense Agency
Tue Jul 22, 2008 10:26 AM

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If lack of desire is a disability, then my ex-wife is 100% disabled for the last 7 years of our marriage.

Re: My Ex-Wife is 100%

MA
VHA
Tue Jul 22, 2008 12:00 PM
Too FUNNY!!!!

Re: My Ex-Wife is 100%

Supervisor
Defense Agency
Tue Jul 22, 2008 4:59 PM
MA in VHA I had a former brother-in-law that was a bit over eager in the desire department. He fathered several children with different women and never held a job for more than a year. Need to introduce him to the plaintiff (Adams) and the negitive and positive would equal out.

Disability Discrimination

Manager
DOE
Tue Jul 22, 2008 10:57 AM

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I see this as something much more ominous: the agency discriminated against her because she once had cancer, even though she was cured.
The later actions were a path to bring this up for judicial review.

Re: Disability Discrimination

Clerk
DOI
Thu Jul 24, 2008 9:24 AM
Perhaps you are correct, but those "later actions" could be her undoing. After all, this is going back to the same District Court that gave the summary judgment. Do you think she stands much of a chance with them? Her claim essentially is "I'm not disabled, except for the part where I am, which the agency should have known, except for the part where it can't legally ask." How would you rule?

Major life function vs. Major life function

Program Analyst
Veterans Affairs
Tue Jul 22, 2008 11:03 AM

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When does a major life function become a major life function? It is obvious to humanity that sexual dysfunction is a major issue for each of us as individuals or sexual partners in a relationship but, is sexual dysfunction a major life function when it comes to ones carreer? Unless the government has started hiring prostetutes so serve in that capacity, I can't say that I can think a single job in the U.S. Government that sexual dysfunction would be a cause of impairment to be able to do the job. Major life functions generally considered something that would prevent a person from being able to do the job. This woman should have been allowed to serve in foriegn service, no question, but for her to claim disability is a sign of just how rediculous the United States is becoming when it tries to be everything to everyone.

Re: Major life function vs. Major life function

Specialist
USDA
Wed Jul 23, 2008 6:30 AM
Don't let the politicians get hold of this one! We all know that if they are unable to perform this "Major Life Function", we will all be a lot better off!

Lack of Sexual Desire a potential disability?

Loan Servicing Specialist - Robert
HUD - Albany, NY
Tue Jul 22, 2008 12:19 PM

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Interesting yet wrong on multiple levels. So if this review is upheld for the complaintant, does the government now have to ask each potential applicant about sexual desire, et cetera? Can you imagine the magnitude of that pandora's box?

When does the disability train stop? We are headed toward anarchy. No person is held responsible for their actions anymore (due to nature/nuture/disability) yet manufacturers, employers and taxpayers must bear the full weight of every insane court decision.

I don't feel very sexy right now, should I file a disability claim and secondly, is my wife also then entitled to benefits? What are the reasonable accomodations expectation(s) for the employer (not postulating on that one)?

crazy world we live in

administrative assistant
opm
Tue Jul 22, 2008 12:35 PM

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Sounds like this person wants it both ways. And, just out of curiosity, how will her "disability" be proved? I hope that when it goes back to the next itiration of legal review it gets tossed out.
Yes, the agency is in a catch 22--and what the writer omitted is that had the agency hired her and sent her overseas and she got sick she would have sued the agency for not having access to medical care.
I worked for an Air Force Hospital, overseas, many years. It is a requirement that all family members get a medical clearance before allowing to PCS. People constantly lied on their application and denied having any medical conditions and then when they got to their overseas location and the care was not available they filed for humanitarian reassignments and when denied filed congressionnal/IG complaints.

Re: crazy world we live in

Yes I am, and So Can You
Agency
Wed Jul 23, 2008 9:11 AM
Fire them for LYING on their application.

Re: crazy world we live in

Literate in Florida
DoD
Sat Jul 26, 2008 11:56 AM
If her cancer were to come out of remission the Foreign Service should just send her home. Is that so hard?

worthwile to watch this one

IT Specialist
DFAS
Tue Jul 22, 2008 12:50 PM

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Imagine this - diabetics, people with hypertension, and any number of medical conditions that have the potential to impair sexual desire - looks like ADA is here to help! This will be interesting to watch and see what accommodations will arise from this...I wonder if we can have extra time to get in the mood or take leave when the "once in a blue moon" urge hits? And for the Defense Agency Supervisor (LOL) you may be able to take leave under the FLMA

Total Comments: 25
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