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# U) G7 L m1 f9 u: ~0 CTo understand why aging is so closely linked to cardiovascular disease—and ultimately to find the causes and develop cures for this group of diseases—it is essential to understand what is happening to your arteries during normal aging (that is, aging in the absence of disease). This understanding has moved forward dramatically in the past 30 years, according to Richard J. Hodes, MD, the director of the National Institute on Aging. He points out: NFL jerseys Football jerseys* T4 S$ B/ K. [& U) ?9 j6 u' P
While we know a great deal about cardiovascular disease and its risk factors, new areas of research are beginning to shed further light on the link between aging and the development and course of the disease. For instance, scientists at the National Institute on Aging ... are paying special attention to certain age-related changes that occur in the arteries and their influence on cardiac function. Many of these changes, once considered a normal part of aging, may put people at increased risk for cardiovascular disease. cheapjerseys NFL jerseys cheap4 \( x& g& X' ~# z' I
Arteries are the tubes that carry blood away from your heart to your lungs and to all the other tissues of the body. Arteries are Another successful "perceived disability" case involving obesity was EE DC v. Texas Bus Lines {S.D. Tex. 1996). The claimant in that case, Arazclla Manuel, was a morbidly obese woman who applied for a job as a bus driver with the defendant, but was not hired. Manuel had a very strong interview and passed the driver's test, but failed the prehire physical because the examining physician felt that she "would not be able to move swiftly in the event of an accident." However, both the doctor's report and his deposition testimony revealed that "inability to move swiftly" was not on the Department of Transportation's list of disqualifying conditions for drivers. Accordingly, the court concluded, echoing the language of the EEOC's Interpretive Guidance, "Texas Bus Lines made the decision nor to hire Manuel because of a perception of disability based on 'myth, fear or stereotype.' ... Texas Bus Lines regarded Manuel as disabled and, therefore, unable to work as a driver based on her alleged impaired mobility without the benefit of objective medical testing or findings" (p. 979). throwback jerseys Saints jerseys9 Z& E3 @6 J- \/ h# q% |
In the years since Cook and Texas Bus Lines were decided, the Supreme Court has issued several important decisions interpreting, and effectively narrowing, the "regarded as" prong of the ADA. In Sutton v. United Air Lines (1999), the Court ruled that "regarded as" plaintiffs must establish that their employer believes that they have a substantially-limiting impairment within the meaning of the ADA. when they either have no impairment or have an impairment that is not substantially limiting. MBT ShoesMBT Sandals
. y m# H. q0 I8 D4 t' I3 IThe Court in Sutton also emphasized that disability determinations under the ADA are to be made on an individual basis, rather than by per se categorization of different conditions as "disabilities" or not. Nonetheless, some courts (e.g., Francis, 2d Cir. 1997; Rineb inter v. CemcoLift, Inc., 3d Cir. 2002) have imposed an additional hurdle on disability plaintiffs by holding that the condition the plaintiff is "regarded as" having must be one that, if the plaintiff indeed had it, would constitute a disability under the ADA.6 MBT MBT.com
% [+ Q1 T) X) t" M& i# l3 P. r$ jThus, for example, if an employee alleged that his employer regarded him as disabled because he was fifty pounds overweight, he could not bring a successful "regarded as" claim in these courts—regardless of the effect of those fifty pounds on his functioning or his employer's perception thereof—because being fifty pounds overweight is nor itself considered an ADA disability (Andrews, 6th Cir. 1997). Viking jerseys discount MBT shoes$ T1 _+ e% A6 [& i5 W1 p1 E
This position stands in stark contrast to the EEOC's view in its guidance that nondisabling conditions may nonetheless be "regarded as" disabling by employers. Courts have also taken an ever-narrowing view of what constitutes being "substantially limited in a major life activity," which makes it increasingly difficult for all plaintiffs, including those alleging weight discrimination, to prevail. ' F0 Z: b4 ~" t) M* ?
MBT MBT Shoes For example, employers' views that employees were substantially limited with respect to classifications such as "police officer," "senior management positions," and "active law enforcement jobs" have all been rejected as too narrow to be actionablc (Rossbacb v. City of Miami, 11th Cir. 2004; Fredregill, S.D. Iowa 1997; Smaw i'. Virginia Department of State Police, E.D. Va. 1994). Several courts (Andrews, 6th Cir. 1997; Forrisi v. Bowen, 4th Cir. 1986; Francis, 2d Cir. 1997; Fredregill, S.D. Iowa 1997} have even expressed the view that allowing weight-discrimination claims to he brought under the ADA dilutes or debases the statute's purpose and trivializes the suffering of "truly" disabled individuals. EasyTone Shoes EasyTone9 r8 I @: l% j7 V% V8 `5 @( p
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