Americans with Disability Act (ADA)
and "Smart" meters
The question is raised whether the Americans with Disabilities Act
to people with health conditions that require they avoid EMR exposure. The ADA
says very explicitly that proprietors of places of public accommodation shall
not discriminate against disabled individuals.
Here are excerpts from the ADA regarding the
definition of a disability: The term "disability" means, with respect to an
(A) a physical or mental
impairment that substantially limits one or more major life activities of such
(B) a record of such an
(C) being regarded as
having such an impairment (as described in paragraph (3)
(2) Major Life Activities
(A) In general - For purposes of paragraph (1), major life activities
include, but are not limited to, caring for oneself, performing manual tasks,
seeing, hearing, eating, sleeping, walking, standing, lifting, bending,
speaking, breathing, learning, reading, concentrating, thinking, communicating,
(B) Major bodily functions - For purposes of paragraph (1), a major life activity also
includes the operation of a major bodily function, including but not limited
to, functions of the immune system, normal cell growth, digestive, bowel,
bladder, neurological, brain, respiratory, circulatory, endocrine, and
(3) Regarded as having such
an impairment - For purposes of paragraph (1)(C):
(A) An individual meets the requirement of "being
regarded as having such an impairment" if the individual establishes that
he or she has been subjected to an action prohibited under this chapter because
of an actual or perceived physical or mental impairment whether or not the impairment
limits or is perceived to limit a major life activity.
(B) Paragraph (1)(C) shall not apply to impairments that
are transitory and minor. A transitory impairment is an impairment with an
actual or expected duration of 6 months or less.
(4) Rules of construction
regarding the definition of disability in paragraph (1) shall be construed in accordance with
(A) The definition of disability in this chapter shall be
construed in favor of broad coverage of individuals under this chapter, to the
maximum extent permitted by the terms of this chapter.
(B) The term "substantially limits" shall be
interpreted consistently with the findings and purposes of the ADA Amendments Act of 2008.
(C) An impairment that substantially limits one major
life activity need not limit other major life activities in order to be
considered a disability.
(D) An impairment that is episodic or in remission is a
disability if it would substantially limit a major life activity when active.
(E) (i) The determination of whether an
impairment substantially limits a major life activity shall be made without
regard to the ameliorative effects of mitigating measures such as
(I) medication, medical supplies, equipment,
or appliances, low-vision devices (which do not include ordinary eyeglasses or
contact lenses), prosthetics including limbs and devices, hearing aids and
cochlear implants or other implantable hearing devices, mobility devices, or
oxygen therapy equipment and supplies;
(II) use of assistive technology;
(III) reasonable accommodations or auxiliary
aids or services; or
(IV) learned behavioral or adaptive
(ii) The ameliorative effects of the
mitigating measures of ordinary eyeglasses or contact lenses shall be considered
in determining whether an impairment substantially limits a major life
(iii) As used in this subparagraph - (I) the term "ordinary
eyeglasses or contact lenses" means lenses that are intended to fully
correct visual acuity or eliminate refractive error; and (II) the term
"low-vision devices" means devices that magnify, enhance, or
otherwise augment a visual image.
In other words, a written statement from your board-certified
doctor who has had extensive experience with your type of health condition, and
follows the ADA guidelines on diagnosing disability *should* qualify you as
having a disability protected by the ADA.