What is the definition of disability under the ADA?
The Americans with Disabilities Act (ADA) defines disability as a physical or mental impairment that substantially limits one or more major life activities. It can also be defined as a record of such an impairment or being regarded as having such an impairment. Physical disabilities include things such as blindness, deafness, paralysis, and certain physical and mental health conditions. Mental disabilities may include nervous disorders, intellectual disabilities, learning disabilities, and emotional disabilities. Under the ADA, individuals with a disability must be treated the same as those without a disability. This includes providing reasonable accommodations such as providing accessible walkways, ramps, and restrooms, or making changes to the physical and social environment so that they can participate in activities and receive the same benefits as individuals without disabilities. They must also be given equal access to education, employment, and services. Employers and businesses must also make reasonable accommodations to allow individuals with disabilities to perform the essential functions of the job, such as providing special equipment or accommodations to assist with tasks which they may not be able to do without the assistance, like adjusting the workspace, providing a modified work schedule, or adjusting the training and education program. If a person believes that they have been discriminated against in violation of the ADA because of their disability, they may file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Delaware Human Relations Commission (DHRC). The EEOC and the DHRC will investigate the complaint and provide remedies if found to be warranted.
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