What are the eligibility requirements for the Americans with Disabilities Act?

The Americans with Disabilities Act (ADA) is a federal law that ensures individuals with disabilities are not discriminated against in terms of employment, public accommodations, or transportation. The ADA protects the rights of individuals with physical or mental disabilities in North Dakota. To be eligible for protection under the ADA, an individual must have a disability, which is defined as “a physical or mental impairment that substantially limits one or more major life activities.” Examples of major life activities include but are not limited to walking, seeing, hearing, speaking, learning, performing manual tasks, caring for oneself, and working. In addition to having a physical or mental disability, the individual must have a record of such an impairment, or be regarded as having such an impairment. A record of impairment means that there is documentation that the individual has been diagnosed with an impairment, or has had an impairment in the past. Being regarded as having an impairment means the individual is treated as having an impairment even if he or she does not. Finally, the individual must be able to participate in or benefit from any goods, services, or benefits offered by the employer or provider covered by the ADA. This means that the individual must be able to access and use the services, goods, or programs offered by the covered entity. The ADA provides broad protection for individuals with disabilities in North Dakota. Individuals who meet the eligibility requirements outlined above are protected from discrimination and given the opportunity to participate in the services, goods, and programs offered by employers and providers.

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