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Americans with Disabilities Act
Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. – This Act prohibits discrimination against qualified individuals with a disability.
The Act has five Sections.
- Title I -- Employment.
- Title II -- Public Services (including transportation).
- Title III -- Public accommodation and services provided by private entities.
- Title IV -- Telecommunications.
- Title V -- Miscellaneous.
Definitions
An "individual with a disability" is defined as a person who:
- Has a physical or mental impairment that substantially limits one or more of his or her major life activities;
- Has a record of such impairment; or
- Is regarded as having such an impairment.
A "qualified individual with a disability" is an individual with a disability who, with or without a reasonable accommodation, can perform the essential functions of the job in question.
Accommodations
Employer must provide accommodation unless it poses "undue hardship."
Examples of accommodations:
- Job restructuring;
- Part-time or modified schedules;
- Reassignment to a vacant position;
- Acquisition or modification of equipment; devices; and
- Provision of qualified readers or interpreters.
Application
ADA applies to:
- Application procedures;
- Hiring;
- Advancement or discharge;
- Training;
- Compensation, etc.
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