Americans with Disabilities Act
Classes:
Introduction to the ADA > Employment > Government / Public Transportation > Public Accommodation
Government > Take the Test > Definitions > Title II Requirements > Access to Programs > Becoming Accessible
Definitions
Qualified Individuals with Disabilities
Title II provides comprehensive civil rights protections for "qualified individuals with disabilities".
An individual with a disability is a person who:
- Has a physical or mental impairment that substantially limits a major life activity; or
- Has a record of such an impairment; or
- Is regarded as having such an impairment.
Examples of physical or mental impairments include contagious and noncontagious diseases, orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease, tuberculosis, drug addiction, alcoholism and more.
Under the ADA homosexuality and bisexuality are not considered impairments.
Individuals who currently use illegal drugs are not covered by the ADA.
A qualified individual with a disability is a person who meets the essential eligibility requirements for the program or activity of the state or local government.
The essential eligibility requirements will depend on the type of service or activity being offered. For example a state licensing program for occupational therapists requires that applicants have successfully completed a certified occupational therapy program. Successful completion of the program is an essential requirement for licensing. For other programs, such as providing information, a person merely has to request the information. The essential requirements is this example are minimal.
Major Life Activities
Major life activities include caring for oneself, performing manual tasks, walking, seeing , hearing, speaking, breathing, interacting with others, learning , working, sitting, standing, lifting and reading.
Major life activities are basic activities that the average person in the general population can perform with little or no difficulty.
Substantial Limitation
A substantial limitation is a chronic or episodic disorder that substantially limits the major life activities of an individual.
The determination that a person has a substantially limiting impairment is based on information on how the impairment affects that individual and not on generalizations about the condition. A substantial limitation is evaluated in terms of the severity and the duration of time that it restricts a major life activity.
Next: Title II Requirements
