What are the eligibility requirements for the Americans with Disabilities Act?
The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in California and across the United States. To be eligible for protection under the ADA, an individual must meet certain criteria. First and foremost, an individual must have a physical or mental impairment that substantially limits one or more major life activities, such as seeing, hearing, speaking, walking, breathing, performing manual tasks or learning. This impairment must have a long-term or permanent effect. Second, an individual must have a record of such an impairment. This means the individual has a history of the impairment, such as a previous diagnosis of autism, or a physician-documented record of the impairment. Third, an individual must be perceived by others as having an impairment, regardless of whether or not the impairment actually exists. This means that an individual can be protected from discrimination even if they do not technically qualify for protection under the ADA due to the type of impairment they have. Finally, an individual must be regarded as having an impairment, meaning that their impairment is considered to be an impediment to normal day-to-day activities. This includes an individual who has been treated for a condition in the past, or whose impairment is expected to recur in the future. Under the ADA, any individual who meets these criteria is eligible for protection from discrimination. It is important to remember that the ADA does not provide protection from all forms of discrimination, but rather from discrimination based solely on an individual’s disability.
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