What Is Legally a Disability

If you have a disability and are qualified to do a job, the ADA protects you from discrimination based on your disability. According to the ADA, you have a disability if you have a physical or mental impairment that significantly limits an important life activity. The ADA also protects you if you`ve had such a disability in the past, or if an employer believes you have such a disability, even if you don`t. Answer: The definition of “disability” varies depending on the purpose for which it is used. Federal and state agencies typically use a definition that is specific to a particular program or service. For example, when you apply for a job, an employer cannot ask you if you have a disability or if you inquire about the nature or severity of your disability. An employer may ask you if you can perform the duties of the workplace with or without reasonable accommodation. An employer may also ask you to describe or demonstrate how you will perform workplace duties, with or without reasonable accommodation. Charges of discrimination in the workplace based on disability can be filed with any branch of the U.S. Equal Employment Opportunity Commission.

Branches are located in 50 cities across the United States and are listed under “U.S. Government” in most telephone directories. For the relevant EEOC field office in your geographic area, please contact: F. If the health insurance offered by my employer does not cover all medical expenses related to my disability, does the company have to purchase additional coverage for me? Q. Can an employer refuse employment because they believe that my disability would make it unsafe for me to work with certain machines necessary to perform the essential functions of the work? A. No. The ADA does not require an employer to hire a candidate with a disability compared to other applicants because the person has a disability. The ADA only prohibits discrimination based on disability. It makes it illegal to refuse to recruit a qualified candidate with a disability because he or she is disabled or because reasonable accommodation is necessary to enable him or her to perform essential professional duties. *If you are deaf, hard of hearing or speech-impaired, please call 7-1-1 to access telecommunications relay services. Section 504 states that “no qualified person with disabilities in the United States shall be excluded, denied, or discriminated against in any program or activity that receives federal financial assistance or that is conducted by an executive agency or the United States Postal Service.” It is important to remember that “disability” is a legal rather than a medical term in the context of the ADA.

Because there is a legal definition, the ADA`s definition of disability differs from the definition of disability in other laws, such as Social Security-related benefits. Q. If an employer has several qualified candidates for employment, is it obligated to select a qualified candidate with a disability over other candidates without disabilities? Someone might think you have a disability even if you don`t. They may treat you unfairly because of a disability they think you have. In this case, you are considered disabled. Title I requires employers with 15 or more employees to provide qualified persons with disabilities with the same opportunities to take advantage of the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotion, training, compensation, social activities and other employment privileges. It limits the questions that can be asked about an applicant`s disability before an offer of employment is made and requires employers to make reasonable accommodations to accommodate physical or mental limitations known to persons with disabilities who are otherwise qualified, short of undue hardship. Religious organizations with 15 or more employees are covered by Title I. This document was published prior to the enactment of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), which went into effect on January 1, 2009. ADAAA has expanded the legal definition of disability, as summarized in this list of specific changes. For information on how to accommodate a specific person with a disability, contact the Job Accommodation Network at: In DOT v.

Paralyzed Veterans of America, 477 U.S. 597 (1986), the Supreme Court held that the Pardon Act of 1973 did not apply to publicly funded airlines. In response, Congress passed the Air Carrier Access Act, which regulates disability accommodations for all airlines, including commercial airlines. The ADA may consider you disabled even if there is no limiting material impairment. This can happen if you can prove a significantly limiting impairment. The Rehabilitation Act prohibits discrimination on the basis of disability in programs run by federal agencies, programs that receive federal financial assistance, federal employment, and the employment practices of federal contractors. The standards for determining discrimination in the workplace under the Rehabilitation Act are the same as those set forth in Title I of the Americans with Disabilities Act. In Lane v. Pena, 518 USA 187 (1996), the Supreme Court held that while the Rehabilitation Act prohibits discrimination on the basis of disability, the government enjoys sovereign immunity from the financial damages associated with such discrimination. In 42 U.S. Code § 12102, the ADA defines a disability as one of three categories: The Fair Housing Act prohibits individuals from refusing to make “reasonable arrangements” for rules, policies, practices, or services where such accommodations may be necessary to provide persons with disabilities with equal opportunities to use and enjoy housing.

A “reasonable accommodation” is a change, exception or adaptation of a rule, policy, practice or service that may be necessary for a person with a disability to have equal opportunities to use and enjoy housing, including public and common spaces. Federal Communications Commission 445 12th Street, SW Washington, D.C. 20554 (888) 225-5322 (voice) (888) 835-5322 (TTY) www.fcc.gov/general/disability-rights-office A.