What are the eligibility requirements for the Americans with Disabilities Act?
In order to be eligible for protection under the Americans with Disabilities Act (ADA), an individual must meet certain criteria. Generally, the ADA applies to individuals with a physical or mental impairment that substantially limits at least one major life activity—such as walking, seeing, hearing, speaking, breathing, learning, working, and caring for oneself. An individual may also be protected under the ADA if they have a history of such an impairment, even if they are currently in remission. Additionally, the ADA also covers an individual if they are regarded as having such a disability, or if they are believed to have an impairment that is not transitory and minor. The ADA also applies to those with a record of such an impairment, regardless of whether the impairment is currently in remission. For example, an individual with a record of depression, an individual with a history of cancer, or an individual previously denied a job on the basis of a non-transitory, minor impairment would all be covered by the ADA. Ultimately, the criteria for ADA protection depend on the specific facts of the situation, and the application of the law to each individual case is determined by the facts. If you are uncertain about whether your disability qualifies for ADA protection, you should seek legal advice from an experienced attorney.
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