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It summarizes how the ADA and the Rehabilitation Act relate, and why the ADA Amendments Act of 2008 (ADAAA) broadened coverage by redefining “disability,” “major life activities,” and the “regarded as” standard. It further outlines reasonable accommodation duties, undue hardship limits, and how courts evaluate essential job functions and qualification.",{"@graph":69,"@context":123},[70,84,106],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/disability-discrimination-law-in-employment/321881/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/disability-discrimination-law-in-employment/321881.png","ImageObject",300,407,{"name":92,"@type":93},"Mary Man","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-17","2026-09-21",true,{"@type":102,"interactionType":103,"userInteractionCount":105},"InteractionCounter",{"@type":104},"ViewAction",18,{"@type":107,"mainEntity":108},"FAQPage",[109,115,119],{"name":110,"@type":111,"acceptedAnswer":112},"What does Title I of the ADA require for employers?","Question",{"text":113,"@type":114},"Title I makes it illegal for eligible public or private employers to discriminate against qualified individuals based on disability. It also addresses how courts determine essential job functions and qualification.","Answer",{"name":116,"@type":111,"acceptedAnswer":117},"How did the ADAAA change the definition of disability?",{"text":118,"@type":114},"The ADAAA broadened what counts as major life activities and overturned narrower Supreme Court interpretations. It also expanded the “regarded as” prong and restricts courts from considering mitigating measures when assessing substantial limitation.",{"name":120,"@type":111,"acceptedAnswer":121},"What counts as reasonable accommodation, and when can an employer refuse it?",{"text":122,"@type":114},"Reasonable accommodation can include making facilities accessible, job restructuring, modified schedules, reassignment, equipment changes, and adjustments to exams and training. Employers may refuse only when they prove the accommodation would impose undue hardship defined as significant difficulty or expense.","https://schema.org",{"og:url":83,"og:type":125,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":127,"canonical":83},"index,follow",{"doc_id":129,"site_id":62},321881,1790131461,{"code":4,"msg":5,"data":132},{"doc_id":129,"user_id":133,"nickname":92,"user_avatar":134,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":135,"file_id":136,"file_url":137,"file_type":138,"file_size":139,"view_count":105,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":81,"language":140,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":67,"update_tm":144,"read_time":39,"preview_page_count":4},7421720224475,"https://ap-avatar.wpscdn.com/davatar_276721f389ce27ea32af1340a28f341c","DISABILITY DISCRIMINATION LAW IN EMPLOYMENT  \nBY PROF. ANN C. MCGINLEY, WILLIAM S. BOYD PROFESSOR OF LAW  \nINTRODUCTION AND OVERVIEW  \nThe Americans with Disabilities Act (ADA) was enacted in 1990. Although the Rehabilitation Act prohibited discrimination against persons with disabilities by federal agencies, federal contractors and recipients of federal financial assistance, 1 there was virtually no coverage of private organizations (such as employers or public accommodations) before passage of the ADA. The ADA was, therefore, extremely important, because it broadly expanded coverage of antidiscrimination provisions.  \nProhibitions  \nThe ADA prohibits discrimination on the basis of disability in both public (except by the federal government) and private employment (Title I),2 in public services by state and local governments (Title II), in public accommodations provided by private parties (Title III) and transportation (Title IV) . Due to space constraints, this article is limited to Title I.  \nThe ADA and the Rehabilitation Act Amended  \nAlthough Congress intended to provide broad protection to persons with disabilities when it enacted the ADA, the  \nU.S. Supreme Court and lower federal courts interpreted the definition of“disability” narrowly, finding that many persons with severe disabilities were not covered by the act. In response, Congress passed the Americans with Disabilities Amendments Act of 2008 (ADAAA); the ADAAA expressly overturned the Supreme Court and directed lower courts to construe the definition of“disability” in favor of broad coverage.3 Behaviors occurring after January 2009 are governed by the new amendments. Many of the cases decided before the effective date ofthe ADAAA are no longer good law for analyzing coverage under the ADA.  \n8 Nevada Lawyer November 2016  \nONE HOUR CLE CREDIT TEST ON PAGE 13  \nCoverage Post-ADAAA  \nA person has a disability if he or she has a physical or mental impairment that substantially limits a major life activity, has a record of an impairment or is regarded as having an impairment.4 Major life activities include a long nonexclusive list of activities such as caring for oneself, seeing, walking, talking and breathing. It also includes the operation of a major bodily function, including, but not limited to, functions of the immune system, cell growth, digestive, brain and reproductive functions. Determining if a person has a disability is an individualized process.  \nADAAA Changes  \nThe ADAAA expanded the definition of major life activities to include major bodily functions. Now, HIV positivity is ordinarily a major life activity even if it is asymptomatic, because HIV is a physical impairment that substantially limits the functioning of the immune system. Cancer, even if in remission, is usually a disability under the ADAAA, because it substantially limits the functioning of the immune system and normal cell growth. Moreover, the act specifically states that an illness in remission substantially limits a major life activity if it would do so while active.  \nThe ADAAA also changed the definition of“regarded as”in response to U.S. Supreme Court decisions. Now, a person is regarded as having a disability by demonstrating that he or she “has been subjected to” a prohibited action “because of an actual or perceived physical or mental impairment—whether or not the impairment limits or is perceived to limit a major life activity”(emphasis added) .5 The “regarded as” prong does not apply, however, to impairments that are transitory (lasting six months or fewer) and minor. Finally, the ADAAA specifies that when determining whether a person’s impairment“substantially limits” a major life activity, the court should not consider the ameliorative effects of mitigating measures, such as medications, artificial limbs, wheelchairs and other medical devices. This rule does not apply to ordinary eyeglasses, but a defendant may not use qualification standards, tests or selection criteria ba","cbCaiaPIi6B91saP","https://ap.wps.com/l/cbCaiaPIi6B91saP","pdf",17008341,"English","# Introduction and Overview\n## Prohibitions\n## The ADA and the Rehabilitation Act Amended\n## Coverage Post-ADAAA\n## ADAAA Changes\n## Title I of the Americans with Disabilities Act\n## Reasonable Accommodation and Undue Hardship","[{\"question\":\"What does Title I of the ADA require for employers?\",\"answer\":\"Title I makes it illegal for eligible public or private employers to discriminate against qualified individuals based on disability. It also addresses how courts determine essential job functions and qualification.\"},{\"question\":\"How did the ADAAA change the definition of disability?\",\"answer\":\"The ADAAA broadened what counts as major life activities and overturned narrower Supreme Court interpretations. It also expanded the “regarded as” prong and restricts courts from considering mitigating measures when assessing substantial limitation.\"},{\"question\":\"What counts as reasonable accommodation, and when can an employer refuse it?\",\"answer\":\"Reasonable accommodation can include making facilities accessible, job restructuring, modified schedules, reassignment, equipment changes, and adjustments to exams and training. Employers may refuse only when they prove the accommodation would impose undue hardship defined as significant difficulty or expense.\"}]","DISABILITY DISCRIMINATION LAW IN EMPLOYMENT | PDF",1789960489]