Posts
Electromagnetic sensitivity and ADA
Are you disabled by exposure to electromagnetic radiation and wireless devices? How does the Americans with Disabilities Act define disability?
U.S. Access Board recognized electromagnetic sensitivity as real and a potential disability in 2002
California legislature recognizes people with electromagnetic sensitivities as disabled
The fight for disabled rights – the 1977 504 sit-in and protests (VIDEO)
Are Smart Meters and wireless tech making you sick?
Veterans and electromagnetic sensitivity
Biomarkers for electromagnetic sensitivity / electro-hypersensitivity
From the U.S. Access Board:
The [U.S. Access] Board recognizes that multiple chemical sensitivities and electromagnetic sensitivities may be considered disabilities under the ADA if they so severely impair the neurological, respiratory or other functions of an individual that it substantially limits one or more of the individual’s major life activities.
U.S. Access Board, 2002
https://www.federalregister.gov/documents/2002/09/03/02-21805/americans-with-disabilities-act-ada-accessibility-guidelines-for-buildings-and-facilities-recreation
There are a significant number of people who are sensitive to chemicals and electromagnetic fields…For people who are electromagnetically sensitive, the presence of cell phones and towers, portable telephones, computers, fluorescent lighting, unshielded transformers and wiring, battery re-chargers, wireless devices, security and scanning equipment, microwave ovens, electric ranges and numerous other electrical appliances can make a building inaccessible…Electromagnetic fields and radiofrequencies can jeopardize the functioning and safe access of electromagnetically sensitive individuals.
U.S. Access Board, 2005
https://www.access-board.gov/research/building/indoor-environmental-quality/
From the Americans with Disabilities Act:
§ 35.108 Definition of “disability.”
(a)(1) Disability means, with respect to an individual:
(i) A physical or mental impairment that substantially limits one or more of the major life activities of such individual;
(ii) A record of such an impairment; or
(iii) Being regarded as having such an impairment as described in paragraph (f) of this section.
…
(c)(1) Major life activities include, but are not limited to:(i) Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, writing, communicating, interacting with others, and working; and
(ii) The operation of a major bodily function, such as the functions of the immune system, special sense organs and skin, normal cell growth, and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive systems. The operation of a major bodily function includes the operation of an individual organ within a body system.
(2) Rules of construction. (i) The definition of “disability” shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA.
…
(i) The term “substantially limits” shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA. “Substantially limits” is not meant to be a demanding standard.(ii) The primary object of attention in cases brought under title II of the ADA should be whether public entities have complied with their obligations and whether discrimination has occurred, not the extent to which an individual’s impairment substantially limits a major life activity. Accordingly, the threshold issue of whether an impairment substantially limits a major life activity should not demand extensive analysis.
https://www.federalregister.gov/articles/2016/08/11/2016-17417/amendment-of-americans-with-disabilities-act-title-ii-and-title-iii-regulations-to-implement-ada
Americans With Disabilities Act new rules, effective 10-11-16
From the U.S. Fair Housing Act
Sec. 804. [42 U.S.C. 3604] Discrimination in sale or rental of housing and other prohibited practices As made applicable by section 803 of this title and except as exempted by sections 803(b) and 807 of this title, it shall be unlawful–
(f)
(1) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of–
(A) that buyer or renter,
(B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
(C) any person associated with that buyer or renter.
(2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of–
(A) that person; or
(B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
(C) any person associated with that person.
(3) For purposes of this subsection, discrimination includes–
…(B) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling;
https://www.justice.gov/crt/fair-housing-act-1
Essential resources — United States
Excerpts, 2005 U.S. Access Board Indoor Environmental Quality Report on ADA accommodation for those disabled by electromagnetic sensitivity and multiple chemical sensitivity
2005 U.S. Access Board Indoor Environmental Quality Report — full report
Americans with Disabilities Act, 2009 and 2016 amendment excerpts
Americans with Disabilities Act, as amended in 2009 by the Americans with Disabilities Amendments Act — ADAA https://www.ada.gov/2010_regs.htm
ADA/ADAA, 2016 Department of Justice codified changes and guidance on Title 28, Part 35, (Title II, Nondiscrimination in State and local government services), highlighted
See especially Appendix C, beginning on p. 137 — highlighted version
https://www.govinfo.gov/content/pkg/CFR-2017-title28-vol1/xml/CFR-2017-title28-vol1-part35.xml
Fair Housing Act
https://www.justice.gov/crt/fair-housing-act-1
ADA Title II Technical Assistance Manual with highlights on
sections — fees as surcharges, and businesses in a special relationship with the state
When New Technologies Hurt, Department of Labor, Job Accommodation Network
Accommodation Ideas for Electromagnetic Sensitivity, Department of Labor, Job Accommodation Network
For health care professionals:
Physicians for Safe Technology http://www.MDsafetech.org
Under “Review of topics”: Smart Meters, electrosensitivity
Under “Scientific literature”: electrosensitivity
EUROPAEM EMF Guideline 2016 for the prevention, diagnosis and treatment of EMF-related health problems and illnesses, 2016
Guideline of the Austrian Medical Association for the diagnosis and treatment of EMF-related health problems and illnesses (EMF syndrome), 2012
Santa Cruz County (California) Health Department: Health Risks Associated with SmartMeters 2012 (p. 9-18 of a set of 5 Smart Meter-related actions considered and adopted by the Santa Cruz County Board of Supervisors January 24, 2012 http://sccounty01.co.santa-cruz.ca.us/bds/Govstream/BDSvData/non_legacy/agendas/2012/20120124/PDF/041.pdf )
“Biological and Health Effects of Microwave Radio Frequency Transmissions: A Review of the Research Literature”, Paul Dart MD (lead author), June 3, 2013 as presented to the Oregon legislature
Commentary on the California Council on Science and Technology report“Health Impacts of Radio Frequency from Smart Meters”, Dr. Karl Maret, January 30, 2011
Resolutions
Monterey County Board of Supervisors, Resolution proclaiming September 2017 as Electromagnetic Sensitivities Awareness Month
More to come….
Smart Meter Harm 