Academics
Thu Feb 09 2012 17:22:47    

The ADA and some relevant terms:

The ADA provides that no covered employer “shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment."  42 U.S.C.§ 12112(a)

 

The ADA defines a "disability" as:

 "(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;"

"(B) a record of such an impairment;" or

"(C) being regarded as having such an impairment." § 12102(1)

 

Pursuant to the regulations, a "physical or mental impairment" means:

(1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine; or
(2) Any mental or psychological disorder, such as an intellectual disability (formerly termed "mental retardation"), organic brain syndrome, emotional or mental illness, and specific learning disabilities.”  29 CFR § 1630.2(h)(1)

The ADA defines “ major life activities” as:

“(A)  In general. - For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

(B)  Major bodily functions. - For purposes of paragraph (1) , a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.”  42 USC §1202(2)

 

To review facts about the Americans with Disabilities Act, see:  www.eeoc.gov/eeoc/publications/fs-ada.cfm

 

To learn more about the Americans with Disabilities Act Amendments Act of 2008, see:  www.eeoc.gov/laws/statutes/adaaa_info.cfm



REGISTRATION COORDINATORS:

Barbara Carlson
University of Arizona
Rogers College of Law
P.O. Box 210176
Tucson, AZ 85721
Phone: 520-621-7668
Fax
: 520-621-9140
Email
: carlson@law.arizona.edu

Neil Dennis
Georgetown University Law Center
600 New Jersey Avenue, NW
Washington, DC 20001
Phone: 202-662-9300
Fax: 202-662-9313
Email: nod2@law.georgetown.edu
   
       
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