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ADA Effects

ntially limits that person in some major life activity, has a record of such an impairment, or is "regarded" as having such an impairment. It is important to note that the definition requires an impairment, not merely a condition.

Using this definition, a person who has recovered from cancer but who is discriminated against in hiring because of the past record of cancer is considered as having a record of impairment. Similarly, a person who has a disfiguring burn scar on the face that does not limit the person in any major life activity but does result in discrimination is considered as "regarded" as having a disability (Seligman 212). Section 504 and the ADA do not attempt to enumerate every possible medical disability that employers may encounter, but instead seek to establish generic guidelines which establish a functional definition.

Under the ADA, discrimination is prohibited if the employee or applicant can perform the "essential" function of the job with reasonable proficiency. This does not require that disabled candidates be able to perform all aspects of a job without hindrance. Because the ADA has taken a broad approach to the definition of "disabled," there are some questions as to which individuals are actually covered by its provisions.

To determine if a qualified disabled individual can perform the essential functions of the job, the employer must decide if the person can perform the job if the nonessential duties are eliminated and the indiv

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ADA Effects. (1969, December 31). In LotsofEssays.com. Retrieved 09:29, April 25, 2024, from https://www.lotsofessays.com/viewpaper/1706636.html