AMERICANS WITH DISABILITIES ACT
Title II of the Americans with Disabilities Act(ADA) provides comprehensive
Civil Rights protection for "qualified individuals with disabilities".
Moreover, the ADA has profoundly redefined and expanded protection for
"qualified individuals with disabilities" in contrast with provisions
of Section 504.
An "individual with disability" under ADA is a person who:
- Has a physical or mental impairment that substantially limits a "major
life activity". The key work is SUBSTANTIALLY.
- Has a record of such an impairment, or
- Is regarded as having such an impairment.
Examples of physical or mental impairments include, but are not limited
to, such contagious and noncontagious diseases and conditions as orthopedic,
visual, speech, and hearing impairments; cerebral palsy, epilepsy, muscular
dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental
retardation, emotional illness, specific learning disablitities, HIV disease,
(whether symptomatic or asymptomatic), tuberculosis, drug addiction, and
alcoholism. Homosexuality and bisexuality are not physical or mental impairments
under ADA.
"Major life activities" include functions such as caring
for oneself, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working.
SECTION 504 OF THE REHABILITATION ACT OF 1973
In contrast, the definition and scope of Section 504 of the Rehabilitation
Act of 1973 is narrower. Section 504 provides:
anyone with a physical or mental impairment that substantially
impairs or restricts one or restricts one or more major life activities,
such as caring for one's self, performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning, and working.
For the purposes of postsecondary education, a qualified disabled student
is one who meets the admission standards of the education program or activity.
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