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ABA Family Legal Guide
Law and the Workplace
Federal Laws Regulating the Workplace
What is the Americans with Disabilities Act?
The Americans with Disabilities Act (ADA) prohibits discrimination in employment against persons with disabilities, both physical and mental.
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Side Bar - The Meaning of "Disability" Both the ADA and the Rehabilitation Act protect individuals with disabilities. The definition of the term disability is the same for both laws. A qualified individual with a disability is one who This broad definition includes any physiologically based impairment or any mental or psychological impairment, but it does not include mere physical characteristics or cultural, economic, or environmental impairment. For example, a person with dyslexia may have a disability, but a person who is illiterate does not; a person who is a dwarf may have a disability, but a person who is short does not. The impairment must cause a substantial limitation to a major life activity. Major life activities include walking, seeing, hearing, or being able to care for oneself. Temporary conditions, such as a broken leg or a cold, would not be considered substantial limitations. Whether an impairment causes a substantial limitation is determined on a case-by-case basis, taking into account how the impairment affects the particular person involved. Thus, for some people, epilepsy will cause a substantial limitation, while for others it will not. The second meaning of the term includes people who no longer have a disability but have a record of a disability, such as a person who successfully recovered from a disabling disease. The third meaning of the term includes people who have a condition that does not substantially limit a major life activity but are faced with an employer who believes it does cause such a limitation. For example, this definition would include a worker who has asymptomatic HIV/AIDS and is not hired because the prospective employer mistakenly believes that the worker is unable to care for himself and therefore would cause disruption in the workplace. |
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