How do I know if I am protected by the ADA?
The Americans with Disabilities Act (ADA) is a federal law that protects individuals with disabilities from discrimination. In California, the ADA is implemented and protected by both state and federal law. To determine if you are protected under the ADA, you should consider the following three factors. First, you must have a disability as defined by the ADA. This means a physical or mental impairment that substantially limits one or more major life activities, a history of such an impairment, or being regarded as having such an impairment. Second, you must be qualified for the job, program, or opportunity you seek. This means that you must have the skills, experience, education, and other requirements that the employer or organization lists for the position. Third, you must be able to perform the essential functions of the job or benefit from the program with or without reasonable accommodations. This means that you are able to do the job or participate in the program to the same degree as others who do not have a disability. If all three of these criteria are met, then you are protected under the ADA. It is important to note that the protections of the ADA only apply to employers, state and local government entities, and places of public accommodation. Individuals and private organizations are not required to comply with the ADA.
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