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AMERICANS WITH DISABILITIES ACT
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- 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.
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- 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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Last Modified:
January 24, 2008
FEJ
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