To the dismay of taxpayers and Americans with actual disabilities everywhere, unfortunately, it appears that the answer is “wrong.”
A University of Texas professor mused in an op-ed in the New York Times last year that affirmative-action like programs for the “ugly” should be in order, giving self-described “ugly” Americans grounds for a lawsuit under the Americans with Disabilities Act (ADA).
Lacking a high school diploma, the Department of Justice warned, may also count as a disability under the expanded definition of the ADA, should a potential employer reject an applicant because of it.
The Washington Times points out that the expanded definition of “disability” is consistent with a 2008 Congressional amendment to the Act, following concerns that courts were interpreting the definition too narrowly. The tide seems to have been reversed and then some, with ADA claims rising by 90 percent in the past five years. “The flood includes more frivolous claims than ever,” writes Luke Rosiak for the Washington Times. “Despite the broadened law, the EEOC [Equal Employment Opportunity Commission] saw the highest percentage yet deemed ‘no reasonable cause’ last year.”
Alas, even with the expanded definition on the plaintiffs’ side, ADA attorneys are still finding ways to te$t the bounds of our taxpayer-funded court system.