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Link to the newsletter

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Clock image by Abdul A on Unsplash

The post EMFSA September 2022 Newsletter appeared first on EMFSA.

THE UPPER TRIBUNAL
(ADMINISTRATIVE APPEALS CHAMBER)
UPPER TRIBUNAL CASE NO: UA-2022-000328-HS
[2022] UKUT 193 (AAC)
EAM V EAST SUSSEX COUNTY COUNCIL
Decided following an oral hearing on 11 July 2022

The decision is: the local authority must secure that an EHC plan is prepared and
maintained for the child.

Excerpt:

H. The child is disabled

I. The provision of a wired internet connection is educational provision

27. The child’s problem with electro-magnetic radiation affects her life generally and
    limits her normal day-to-day activities – the Equality Act test. It applies at school, at
    home, and when she is out in the world. When at school, her problems with
    communication and making use of the computers are a direct result of the use of wifi
    in schools. The only solution available has to be provided in the school. It is not
    transferable to any other location, although it may need to be replicated elsewhere. I
    cannot see what other provision would be effective to avoid the problem or overcome
    its consequences.
28. This is not simply a case of a child being unwell and finding it difficult to
    concentrate. There was evidence from two educational psychologists both of whom
    found her and her parents credible in describing her symptoms. The tribunal
    (paragraph 47) accepted their evidence too and described her symptoms as
    ‘debilitating when they occur’, which they did to such an extent that she ‘was out of
    education for a whole academic year.’ Those symptoms were not unique to a school
    environment. But when they occurred in that environment they arose from the school’s
    choice of the medium for providing education. In those circumstances, some provision
    is required to render the education effective.

Authorised for issue on 18 July 2022

Edward Jacobs, Upper Tribunal Judge

More on the topic:

Upper Tribunal requires council to secure EHCP for student who is hypersensitive to Wi-Fi signals

https://www.localgovernmentlawyer.co.uk/education-law/394-education-news/51400-upper-tribunal-requires-council-to-secure-ehcp-for-student-who-is-hypersensitive-to-wi-fi-signals

Related:

The post UK Upper Tribunal: Education, Health and Care Plan for an Electrohypersensitive Child appeared first on EMFSA.

According to the Times of Israel, Israel’s National Insurance Institute is now to recognize fibromyalgia as a disability.

The rights are extended to sufferers of Chronic Fatigue Syndrome (CFS), a related condition.

Sources:

https://www.timesofisrael.com/israel-to-recognize-fibromyalgia-a-chronic-muscle-pain-illness-as-a-disability/

The post Fibromyalgia and CFS categorized as disabilities in Israel appeared first on EMFSA.

Electrohypersensitivity (EHS): Similar to findings in IT, FR, and the NLs, a number of individuals have reported a variety of health problems that they relate to EMF exposure at home and in the workplace. Rulings have acknowledged that EMF-related health issues could result in workplace-related accidents or illness. The biggest obstacle to date has been identified as the miscommunication of, and the misunderstanding of the specific interactions between EM and biological organisms. Different EM spectrums can bring about different symptoms. Population vulnerability and bio-adaptation vary between mtDNA haplotype groups. The use of the term Electromagnetic hypersensitivity (EHS) has brought about further confusion and miscommunication. This is a result of bodies not adhering to the Climate Change Framework scientific-technical analysis for compensation mechanisms which defines the parameters of classification as Sensitivity, Adaptability, and Vulnerability. This has been further explored in the 2017 SA govt. published study. The organs of state reviews have endorsed efforts toward adaptability strategies so that vulnerability can be reduced by strengthening adaptive capacity. It is for this reason that the decision has been taken to help update the teaching curriculum in medicine with biophysics in an effort to address these misunderstandings. The study into the model development surrounding “EHS” has not only brought about better understanding but also advanced cost-effective treatments into other epigenetic and genetic disease models.

In SA, the capacity of EMF to affect biological functions has been investigated and confirmed in reviews of the Ombudsman, Commission, Magistrate, and High Court. The WHO health and disabilities publication uses “disabilities” as an umbrella term to cover a wide range of conditions. The term “disabilities” covers impairments, activity limitations, and participation restrictions. An impairment is a problem in body function or structure; an activity limitation is a difficulty encountered by an individual in executing a task or action; while a participation restriction is a problem experienced by an individual in life situations. Disability is thus not just a health problem. It is a complex phenomenon, reflecting the interaction between features of a person’s body (including physical, mental, neurological) and features of the society in which he or she lives. Overcoming the difficulties faced by people with disabilities requires interventions to remove environmental and social barriers. This makes it clear that people must be able to participate in society, function independently, and remain in their own living environment for as long as possible. Multiple international regulations confirm municipalities must promote this by virtue of providing facilities, assistance, and support. The government’s strategy toward bio-adaption solutions is not only showing promise for persons with “EHS” type complaints but also has benefits in other spheres as well.

Link to the report PDF  https://www.emfsa.co.za/wp-content/uploads/2021/06/World_Health_Organization_International.pdf

The post International Electrosensitivity Day June 16th, 2021 appeared first on EMFSA.

Brown v. Los Angeles Unified School Dist., 2021 WL 631030 (Cal. Ct. App. 2021)

Laurie Brown, a teacher at Millikan Middle School, alleged she experienced chronic pain, which was allegedly caused by a new Wi-Fi system the school had installed.  Brown’s medical provider diagnosed her with “electromagnetic hypersensitivity sensitivity” (EHS).  Brown eventually quit, claiming she could not return to work “without being overcome with crippling pain.”  Among other things, Brown alleged discrimination based upon a physical disability, failure to accommodate her disability, and retaliation.  The trial court sustained the District’s demurrer to Brown’s complaint, but the Court of Appeal reversed, holding that Brown had sufficiently alleged a disability under the Fair Employment and Housing Act (FEHA), even though at least two other (non-California) courts have held that EHS is not a recognized disability under the federal Americans with Disabilities Act (ADA).  The Court also held that Brown had adequately alleged a cause of action for failure to provide a reasonable accommodation for a physical disability.  However, the appellate court agreed with the District that Brown had failed to allege a failure to engage in the interactive process or that any adverse action was taken against her with discriminatory or retaliatory motive – in short, there was a “disagreement between the parties as to whether the Wi-Fi was causing her disability.”

In a stunningly candid concurring opinion, Justice John Shepard Wiley Jr., expressed concern that this is the “first court in the United States of America – a nation of over 300 million people – to allow a claim that ‘Wi-Fi can make you sick.’”  Justice Wiley continued:  “The law worries about junk science in the courtroom.  One concern is that a partisan expert witness can bamboozle a jury with a commanding bearing, an engaging manner, and a theory that lacks respectable scientific support…  It does not take much experience as a trial judge in Los Angeles to realize the use of expert witnesses has run riot.”  A potential solution?  Justice Wiley suggests the use of court-appointed experts pursuant to Cal. Evid. Code §§ 730-732 – “few judges have tried this option, though, because the parties never suggest it.”

For more on the topic:

The post LAUSD Teacher Can Proceed With Claim For Disability Allegedly Caused By School’s Wi-Fi System appeared first on EMFSA.

The full verdict is accessible from this link

Opinion 1: California Appellate Court DID NOT rule about Electromagnetic Hypersensitivity (EHS) as a disability.

The case is far from over, and nothing’s been proven yet.

As Judge Wiley who concurred on the ruling stated:

“I worry about giving any sort of green light to this unprecedented and unorthodox disability claim. Plaintiff’s counsel was most reluctant at oral argument to admit it, but it seems clear we are the first court in the United States of America—a nation of over 300 million people—to allow a claim that ‘Wi-Fi can make you sick.’ ”

Input of a lawyer:
“I have read this Appellate decision several times and I don’t believe it says what is being reported that it says. I think that people are over-reading the words of the Court.  In reversing the demurrer, the Court said: “Brown adequately pled physical disability within the four corners of the statute.”  They specifically say ‘physical disability’ and the Court’s discussion indicates it was immaterial what caused the disability. And nowhere in the decision does it say that the disability was caused by electromagnetic fields or is triggered by electromagnetic fields. So, the conclusion that the Court found that EHS is a disability under the act is a stretch. The court said she adequately showed that she was impaired.”

The superior court must now hear the case and determine the appropriate accommodations that LAUSD needs to adopt to address the plaintiff’s physical disabilities. One of the Appellate jurists recommended that the superior court employ an expert witness to help make these determinations.

Opinion 2:

Input of an attorney:

It’s true that the case is not over.  The plaintiff must still prove what she alleges in her complaint. 

But as Justice Wiley’s concurrence states, the court’s holding greenlights disability claims where the alleged disability is electromagnetic hypersensitivity.  The defendant argued that even if what the plaintiff alleges in the complaint is true, the plaintiff does not have a disability within the meaning of the disability protection law.  The appellate court’s ruling means that it will be for the jury to decide, so long as the plaintiff can offer evidence supporting her factual allegations, including about her electromagnetic hypersensitivity.

Based on my reading of the decision, I disagree with the suggestion that the cause of the disability is irrelevant under the court’s decision here and going forward in the case.  She alleged that her disability is electromagnetic hypersensitivity. So when the court ruled that she adequately alleged a disability, it is approving that condition as a recognized disability under the statute. 

What makes this case significant news, in my opinion, is not what will happen with Ms. Brown’s case.  That remains to be seen.  The significance lies in the ruling’s ramifications on other cases.  The ruling is binding precedent for other cases in the California trial courts.  Justice Wiley’s concurrence hints at one practical ramification: settlement value.  Before this ruling, a plaintiff alleging a similar claim faced daunting hurdle of no American court previously holding that electromagnetic hypersensitivity qualifies as a disability under disability protection laws.  That hurdle is no more (assuming this ruling remains good law), which changes settlement value of similar claims significantly.

Note: these views are based on different readings of the ruling, and is not legal advice.

The post Differences in legal interpretation of Brown v. Los Angeles Unified School District ( Wi-Fi sickness/disability) appeared first on EMFSA.

USA February 23 2021

Is Wi-Fi sickness a disability? The California Court of Appeal just said it is in Brown v. Los Angeles Unified School District (2d Dist., Div. Eight), Case No. B294240. In a case that tests the limits of California’s liberal pleading standard, the appellate court green-lighted a claim of a woman who asserted a disability of “electromagnetic hypersensitivity,” or, as the concurring justice put it, “Wi-Fi sickness.”

The trial court had sustained a demurrer, granting judgment for the employer, a school district. The appellate court revived the plaintiff’s claim for failure to provide a reasonable accommodation.

The court acknowledged that it is likely the first to recognize Wi-Fi sickness as a disability under laws against discrimination. In fact, the court discussed contrary federal court authority, distinguishing those cases by concluding that the definition of “disability” in California’s Fair Employment and Housing Act is broader than in the Americans with Disabilities Act.

Apart from the holding that Wi-Fi sickness is a disability under FEHA, California employers should take note of the facts alleged about the failure to provide a reasonable accommodation.

After the school district installed a new Wi-Fi system, the plaintiff teacher complained of headaches and other symptoms caused by exposure to the electromagnetic waves. The school district initially tried to accommodate the teacher by turning off the Wi-Fi in her classroom and an adjacent one. The teacher said that her symptoms persisted and asked for additional accommodations. By that point, the school district’s consultant had reported that the Wi-Fi and radio frequencies at the school “evidenced a safe and non-hazardous working environment.” Based on that report, the school district did not grant any further accommodation, and the teacher sued.

In his concurring opinion, Justice Wiley expressed reluctance “about giving any sort of green light to this unprecedented and unorthodox disability claim.” But that’s exactly what the court did.

The decision serves as a reminder of just how easy it is to survive a pleading challenge in California.

Source: https://www.lexology.com/library/detail.aspx?g=52d76fb5-7915-485b-a3bb-277637a32a5f

The full verdict is accessible from this link.

More on the topic: https://betweenrockandhardplace.wordpress.com/2021/02/24/ehs-california-appellate-court-holds-that-wi-fi-sickness-is-a-disability/

The post Is Wi-Fi Sickness a Disability? California Appellate Court Holds That It Is Under FEHA appeared first on EMFSA.

How to File an ADA Accommodations Request for Electrosensitivity to Avoid Small Cells and Wifi

The following ADA Accommodations Request Packet may be used by ES (electrosensitivity) sufferers to apply for reasonable accommodations to help avoid RF radiation from “small cells” and Wi-Fi in public government areas, related to accessibility or any other Title II application.

“Title II of the Americans with Disabilities Act applies to State and Local Governments. Title II applies to State and local government entities, and, in subtitle A, protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs, and activities provided by State and local government entities.” (ADA.gov) With modifications, it may also serve to apply to Title III ADA accommodations requests related to public accommodations and facilities of private entities. This packet does not apply to Title I, employment ADA requests. 

In addition, some states may have disability and other discrimination laws that apply to disabled and those with medical conditions that do not meet the criteria of disability. Check with your state department of justice.

ADA Title II Request Directions Packet*

*Copyright Center for Electrosmog Prevention, 2019. This packet is freely available for use only under Fair Use (non-commercial) terms and agreement with the CEP & Packet Disclaimers. It does not substitute for legal advice and there is no guarantee of successful outcome. 

http://www.electrosmogprevention.org/wp-content/uploads/2019/06/ADA-Title-II-Request-Directions-Packet.pdf

The post How to File an ADA Accommodations Request for Electrosensitivity to Avoid Small Cells and Wi-Fi appeared first on EMFSA.

Michael Bevington

Abstract
Some surveys have identified people who have restricted access to work in environments with man-made electromagnetic exposures. This study attempts to determine their prevalence, an aspect not previously investigated in its own right. It is based on analyses of the two different types of surveys of people with Idiopathic Environmental Intolerance attributed to Electromagnetic Fields (IEI-EMF), or Electromagnetic Hyper-Sensitivity (EHS), either of the general population or of people with IEI-EMF/EHS. In addition, there are different definitions of IEI-EMF/EHS, with a range of subconscious, mild, moderate or severe symptoms, potentially leading in three stages to hyper-sensitivity. The current evidence is assessed as indicating that, in addition to subconscious sensitivity, the prevalence of IEI-EMF/EHS is between about 5.0 and 30 per cent of the general population for mild cases, 1.5 and 5.0 per cent for moderate cases and < 1.5 per cent for severe cases. The prevalence of people restricted in their access to work in a man-made electromagnetic environment is estimated at 0.65 per cent of the general population, at about 18% of the general population with moderate IEI-EMF/EHS. The estimate of 0.65% equates to 435,500 people in the UK’s population of 67 million. Some reasons for possible under-reporting are discussed. Adjustments can enable some people with this disability to remain in employment, suggesting that rates of restriction in access to work may fall as employers become aware of what adjustments are needed.

Pdf: -16093-The- Prevalence- of- People- With- Restricted -Access- to- Work

The post The Prevalence of People With Restricted Access to Work in Man-Made Electromagnetic Environments appeared first on EMFSA.

This document was updated on 4/28/15 and can be accessed here: Accommodation_and_Compliance_Series_Employees_with_Electrical_Sensitivity(1)

Also see:

Tip sheet for Electromagnetic Hypersensitivity (EHS) – The City of Peterborough in Ontario, Canada

The post Job Accommodation Network (JAN) for People with Electrical Sensitivity appeared first on EMFSA.