Should Hypohidrotic Ectodermal Dysplasia (HED) Be Declared A Disability Underneath The ADA?
Anhidrotic Ectodermal Dysplasia also known as Hypohidrotic Ectodermal Dysplasia (HED) is an Ectodermal Dysplasia Syndrome (EDS). Ectodermal Dysplasia (ED) is a rare genetic syndrome. If a person has HED, then the person has partial or complete absence of certain sweat glands. People with HED do have lack of sweating or diminished sweating. People with HED also have heat intolerance. These are some of the things that are associated with HED. People with HED need to drink cold liquids, spray water on their bodies, use fans, use air conditioners, and rest on hot days when working or playing. By doing all of these things, it helps regulates a HED person's temperature.
A person with HED need to have certain accommodations.
1. A person with HED should not have to stand in a long line on a hot summer day due to not having the natural ability to regulate their body temperature through sweating.
2. A person with HED needs to take breaks in order to cool them-self off.
3. A child with HED needs to take a water bottle or other cooling device on the school bus to help regulate their body temperature.
A child with HED could be denied entrance to a child care center due to fact that the child care center has the lack of individualized care available to take care of the child's HED needs. I know about a case that some persons with HED were forced to stand in a long line on a hot summer day and these same people with HED are unable to tolerate the summer heat.
I personally know and have met various people who have HED when I have attended NFED national family conferences.
National Foundation for Ectodermal Dysplasias (NFED)
Currently, HED is NOT considered to be a Disability underneath the Americans with Disabilities Act (ADA) and is denied protection underneath the ADA. The Ectodermal Dysplasia Community would like to see HED to be declared a Disability underneath the Americans with Disabilities Act (ADA).
I am being extremely blunt when I say this but I AM extremely biased when it comes to the Ectodermal Dysplasia Community due to the fact that both me and my late mother DO have a rare Ectodermal Dysplasia Syndrome (EDS). There are approximately 150 Ectodermal Dysplasia Syndromes. I DO support the Ectodermal Dysplasia Community 100%.
I DO support the Ectodermal Dysplasia Community 100% in trying to get HED to be declared a Disability underneath the Americans with Disabilities Act (ADA).
My questions are these:
1. Should Hypohidrotic Ectodermal Dysplasia (HED) [also known as Anhidrotic Ectodermal Dysplasia] be declared a Disability underneath the Americans with Disabilities Act (ADA)?
2. Why or why not?
I am interested in other people's answers giving me their opinions on should Hypohidrotic Ectodermal Dysplasia (HED) [also known as Anhidrotic Ectodermal Dysplasia] be declared a Disability underneath the Americans with Disabilities Act (ADA) or not.
In January 2009, the United States Court Of Appeals for the Fifth Circut made the ruling that Hypohidrotic Ectodermal Dysplasia (HED) [also known as Anhidrotic Ectodermal Dysplasia] is NOT a Disability underneath the ADA. The ruliing was made in the EEOC vs Agro Distribution, LLC.
I visited both weblinks and read everything on both webpages. You have to admit that the EEOC tried to make use of the ADA when they filed the lawsuit against Agro Distribution, LLC.
Distribution. How I found out about the case was through the newsletter that NFED puts out every three months.
To accommodate a person with HED varies. Lotion or vasoline have to be put on a person's skin due to having thin, dry and soft skin. A person could run a fever due to being over-heated. A person might wear a wig due to having sparse thin hair. A person usually wear dentures due to having missing and malformed teeth. In many cases, a person has underdevelopment or no
mucous glands within the respiratory tract and the digestive tract. Some persons have decreased function of the immune system which can make a person to have an increased susceptibility to certain infections and/or allergic conditions. Many persons also experience recurrent attacks of wheezing and breathlessness, respiratory infections; chronic inflammation of the nasal passages; scaling, itchy skin rashes and/or other conditions. If a person had some or all of these problems that are mentioned in my post, you can see what steps needs to be taken to accommodate person with HED.
- Anonymous1 decade agoFavorite Answer
YA wouldn't let me finish--so i am using a second screen anme
They didn't say that its not a disability--they said tehy didn't decide if its a disability or not since teh case didn't reach that stage--had it proceded-evidence would need to be presented to decide
We assume for summary judgment purposes that Velez has anhidrotic ectodermal
dysplasia and that he cannot perspire at all. This medical syndrome is unusual. Had there
been a genuine issue of fact on relevant ADA issues, it would have been necessary at trial for
EEOC to establish the nature and extent of Velez’s condition through admissible medical
evidence. Fed. R. Evid. 701. No such evidence was presented.
the sumamry judgement was based on the fact that he was not actaully denied accommodations--he had done simialr work before in hotter weather---and he was never told he coudln't take breaks
this paragraph exists onpage 1:
The EEOC appeals this dismissal and award.
Because Velez is not disabled within the meaning of the ADA, Agro did not
refuse to provide reasonable accommodation, and this suit lacked foundation
following Velez’s deposition,
but it is nonsensical--especailly when they put the footnote taht it was not determined if it was an ADA condition ....and if tehy provided accommodations or not---wouldn't be relevant if he disbn't have an ADA disabilitySource(s): The point of teh case was that the EEOC screwed up----- basically their investiagtion was a piece of fiction--getting basic facts wrong---- --that he wasn;t even refused accommodations--therefore there was no need to decide if teh condition is an ADA issue.. evidence was presented that he actaully had other reaosns for not showing up--nothing to do with his disability.... it does go on to say that needing extrs breaks toregulate body temp is equivelant to wersing glasses--which is rediculous--becuas eyou can still work whiel wearing glasses--but you need to stop working to regualte body temp... there was also mention that needing breaks to control diabetes isn't covered under teh ADa--but that would mean a person coudl be fired for stopping work periodically to test blood sugar--wghich is ridiculous.. but inthis case---there was an opinion that it was not substantiated that he was covered under ADA---but that issue hadn't been specifically argued...and the ruling was--that even if he was covered by teh ADA---he was fired for reasons other than disability--so teh disability issue was not fully addressed This particular person needed minimal accommodations--just extar water and time in front of a fan...he made it seem like a minor health condition.. the EEOC screwed up so even if there was really a violation---they lost credibility the ruling says that they did not establish whether or not it is covered under the ADA--but than they also say that it isn't---they contradict themselves... but the actually ruling itslef was taht he wasn't denied accommodations as if he was covered under ADA...
- Anonymous1 decade ago
Seems to me it should be covered under the ADA as it has a clear impact on a person's ability to interact with their environment.