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Diversity , Equity & Inclusion Committee Chairs : AlexisDionDeveaux — Gunster & AntinaMobley – PublicDefender ’ sOffice , 13thCircuit
accordingtotheCdC , thereare anestimated “ 61millionadults acrosstheu . S . identifiedas havingadisabilityofsome kind , andabout10 % ofthose areinvisibledisabilities .
When you see a person in a wheelchair , it is relatively easy to assume that person is disabled with a mobility issue . How can you tell at first glance if someone has a cardiac condition , autism , hearing impairment , bipolar disorder , or multiple chemical sensitivity ? The answer is you cannot . These disabling conditions are what is known as hidden disabilities or invisible disabilities . 1 According to the CDC , 2 there are an estimated “ 61 million adults across the U . S . identified as having a disability of some kind , and about 10 % of those are invisible disabilities .” 3
In July 1990 , President George H . W . Bush signed into law the Americans with Disabilities Act (“ ADA ”). 4 Although a long time in coming , following the civil rights movement ( circa 1954-1968 ), this
was a minimal starting point to empower persons with disabilities . Historically , disabled persons , whether with physical limitations or psychiatric disorders , were segregated and discriminated against . They were a stigma to society . They were denied equal protection under the law . Some suffered heinous atrocities . 5 After implementation of the ADA , treatment of disabled persons started to change for the better . Integration and equal protection became the path to equal rights , but the process was not flawless or without limitations . Enforcement became the greater obstacle . The question became what constitutes a disability , especially for those with hidden disabilities .
Following enactment of ADA in 1990 , certain individuals with disabilities were able to mitigate their condition to empower them to have equal participation , especially with employment , but also with government programs and public accommodations . For many , mitigating measures were used subsequently to de-classify persons with disabilities as “ not ” disabled . This presented a conundrum , especially for persons with hidden disabilities that already did not “ look the part .” This conundrum resulted in the Americans with Disabilities Amendments Act ( ADAAA ) of 2008 . This provided a significant change to the ADA in how a disability is defined . In 1990 , 42 U . S . C . § 12101 defined a disability as : ( 1 ) a physical or mental impairment that substantially limits one or more of the major
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