What are the eligibility requirements for the Americans with Disabilities Act?
The Americans with Disabilities Act (ADA) is a federal law that protects individuals with disabilities from discrimination. In Hawaii, the ADA applies to all public and private organizations, including businesses, schools, state and local governmental agencies, and places of public accommodation. In order to be eligible for protection under the ADA, an individual must have a physical or mental impairment that substantially limits at least one major life activity. This includes activities such as walking, speaking, seeing, hearing, caring for oneself, learning, working, or performing manual tasks. It also includes major bodily functions such as the immune system or bowels, as well as disabilities that are visible, such as blindness or deafness. Additionally, an individual must have a record of such an impairment or be perceived as having such an impairment to be protected under the ADA. The ADA also protects individuals who are regarded as having a disability. These individuals may not have an actual disability but are treated as if they have a disability. For example, an individual with cancer who has been in remission for a few years may still be considered disabled under the ADA. Finally, the ADA applies to individuals with disabilities who have been wrongfully excluded from or denied full and equal access to activities or benefits, such as employment, education, transportation, and places of public accommodation. It is important to remember that the ADA does not require an individual to be disabled in order to be eligible for protection under the law.
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