Accommodating my request

26-Mar-2017 20:02

However, you may have additional rights and remedies under these other laws. Title I In General Title I of the ADA states: No covered entity 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.

This definition prohibits discrimination only to a qualified individual on the basis of disability.

The ADA does apply to religious entities, however, religious entities can give preference to individuals of a particular religion and they may require that all applicants and employees conform to the religious tenets of the organization.

Protected Individuals The ADA protects an individual with a disability from discrimination based on that disability.

Thus, you only need to meet the terms of one of these definitions to have a disability under the ADA.Therefore if your employer is part of the state or local government, you may have claims under Title II of the ADA as well.Title II of the ADA may cover some state and local entities not covered under Title I.A physical impairment is Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine. 184 (2002) and the lower court decisions interpreting these cases have incorrectly construed the term substantially limits too narrowly, effectively eliminating protection for many individuals whom Congress intended to protect.There are two important sub-definitions to the first definition of disability: What is a major life activity? The ADA-AA answers these questions directly and defines these important sub-terms as follows. Additionally, in the findings section of the ADA-AA, Congress expressly states that the regulations interpreting the ADA that define substantially limits as significantly restricted are also incorrect and need to be amended.

Thus, you only need to meet the terms of one of these definitions to have a disability under the ADA.Therefore if your employer is part of the state or local government, you may have claims under Title II of the ADA as well.Title II of the ADA may cover some state and local entities not covered under Title I.A physical impairment is Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine. 184 (2002) and the lower court decisions interpreting these cases have incorrectly construed the term substantially limits too narrowly, effectively eliminating protection for many individuals whom Congress intended to protect.There are two important sub-definitions to the first definition of disability: What is a major life activity? The ADA-AA answers these questions directly and defines these important sub-terms as follows. Additionally, in the findings section of the ADA-AA, Congress expressly states that the regulations interpreting the ADA that define substantially limits as significantly restricted are also incorrect and need to be amended.Additionally, the regulations interpreting the ADA identify several factors in determining whether an individual is substantially limited in a major life activity: (i) The nature and severity of the impairment; (ii) The duration or expected duration of the impairment; and (iii) The permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment.