Prohibits discrimination against people with disabilities able to perform essential job functions with or without reasonable accommodation.
Disability must substantially affect one or more major life activities.
“(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.
Reasonable accommodation unless undue hardship because of nature of job, size of company, union agreements, cost of accommodation.
Exceptions to coverage
- illegal or street drug use
- homosexuality and bisexuality
- compulsive gambling, kleptomainia, pyromania
- if with reasonable accommodation still cannot perform essential job tasks - employer does not have to hire.
- No medical tests before making an offer, but employment offer can be made contingent on passing test.
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Friday, September 11, 2009
ADA
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