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Los sitios del Gobierno federal frecuentemente terminan en dominios. Title I of the ADA, which became effective for employers with 25 or more employees on July 26, , prohibits employment discrimination against qualified individuals with disabilities. Since July 26, , Title I has applied to employers with 15 or more employees. The Civil Rights Act of Pub. In addition, section of the CRA which is printed elsewhere in this publication amended the statutes by adding a new section following section 42 U. Cross references to the ADA as enacted appear in italics following each section heading.

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Los sitios del Gobierno federal frecuentemente terminan en dominios. Title I of the ADA, which became effective for employers with 25 or more employees on July 26, , prohibits employment discrimination against qualified individuals with disabilities.

Since July 26, , Title I has applied to employers with 15 or more employees. The Civil Rights Act of Pub. In addition, section of the CRA which is printed elsewhere in this publication amended the statutes by adding a new section following section 42 U.

Cross references to the ADA as enacted appear in italics following each section heading. Editor's notes also appear in italics. An Act to establish a clear and comprehensive prohibition of discrimination on the basis of disability.

A a physical or mental impairment that substantially limits one or more major life activities of such individual;. C being regarded as having such an impairment as described in paragraph 3. 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.

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.

A An individual meets the requirement of "being regarded as having such an impairment" if the individual establishes that he or she has been subjected to an action prohibited under this chapter 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.

B Paragraph 1 C shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less. The definition of "disability" in paragraph 1 shall be construed in accordance with the following:. A The definition of disability in this chapter shall be construed in favor of broad coverage of individuals under this chapter, to the maximum extent permitted by the terms of this chapter.

B The term "substantially limits" shall be interpreted consistently with the findings and purposes of the ADA Amendments Act of C An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.

D An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. E i The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as-.

I medication, medical supplies, equipment, or appliances, low-vision devices which do not include ordinary eyeglasses or contact lenses , prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;.

I the term "ordinary eyeglasses or contact lenses" means lenses that are intended to fully correct visual acuity or eliminate refractive error; and. II the term "low-vision devices" means devices that magnify, enhance, or otherwise augment a visual image.

A qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;. B qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments;.

With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States. A In general. Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law. B Drugs. For the purposes of this subchapter, consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.

A making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and. B Factors to be considered. B that perpetuate the discrimination of others who are subject to common administrative control;. B denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant;.

A Presumption. B Exception. C Determination. A Prohibited examination or inquiry. B Acceptable inquiry. B information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that-.

A Prohibited examinations and inquiries. B Acceptable examinations and inquiries. C Requirement. A review all infectious and communicable diseases which may be transmitted through handling the food supply;. B publish a list of infectious and communicable diseases which are transmitted through handling the food supply;. D widely disseminate such information regarding the list of diseases and their modes of transmissibility to the general public.

Such list shall be updated annually. A employees comply with the standards established in such regulations of the Department of Defense, if the employees of the covered entity are employed in an industry subject to such regulations, including complying with regulations if any that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions as defined in the regulations of the Department of Defense ;.

B employees comply with the standards established in such regulations of the Nuclear Regulatory Commission, if the employees of the covered entity are employed in an industry subject to such regulations, including complying with regulations if any that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions as defined in the regulations of the Nuclear Regulatory Commission ; and.

C employees comply with the standards established in such regulations of the Department of Transportation, if the employees of the covered entity are employed in a transportation industry subject to such regulations, including complying with such regulations if any that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions as defined in the regulations of the Department of Transportation.

Not later than 1 year after July 26, [the date of enactment of this Act] , the Commission shall issue regulations in an accessible format to carry out this subchapter in accordance with subchapter II of chapter 5 of title 5 [United States Code]. The Commission, the Attorney General, and the Office of Federal Contract Compliance Programs shall establish such coordinating mechanisms similar to provisions contained in the joint regulations promulgated by the Commission and the Attorney General at part 42 of title 28 and part of title 29, Code of Federal Regulations, and the Memorandum of Understanding between the Commission and the Office of Federal Contract Compliance Programs dated January 16, 46 Fed.

Nothing in this chapter shall be construed to preclude the prohibition of, or the imposition of restrictions on, smoking in places of employment covered by subchapter I of this chapter [title I] , in transportation covered by subchapter II or III of this chapter [title II or III] , or in places of public accommodation covered by subchapter III of this chapter [title III].

Nothing in this chapter alters the standards for determining eligibility for benefits under State worker's compensation laws or under State and Federal disability benefit programs.

Nothing in this chapter alters the provision of section b 2 A ii of this title, specifying that reasonable modifications in policies, practices, or procedures shall be required, unless an entity can demonstrate that making such modifications in policies, practices, or procedures, including academic requirements in postsecondary education, would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations involved.

Nothing in this chapter shall provide the basis for a claim by an individual without a disability that the individual was subject to discrimination because of the individual's lack of disability.

A covered entity under subchapter I of this chapter, a public entity under subchapter II of this chapter, and any person who owns, leases or leases to , or operates a place of public accommodation under subchapter III of this chapter, need not provide a reasonable accommodation or a reasonable modification to policies, practices, or procedures to an individual who meets the definition of disability in section 1 of this title solely under subparagraph C of such section.

A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this chapter. In any action against a State for a violation of the requirements of this chapter, remedies including remedies both at law and in equity are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.

In any action or administrative proceeding commenced pursuant to this chapter, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual.

The authority to issue regulations granted to the Equal Employment Opportunity Commission, the Attorney General, and the Secretary of Transportation under this chapter includes the authority to issue regulations implementing the definitions of disability in section of this title including rules of construction and the definitions in section of this title, consistent with the ADA Amendments Act of A Subchapter I [Title I].

D Title IV. Such grants and contracts may be awarded to individuals, institutions not organized for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual including educational institutions , and associations representing individuals who have rights or duties under this chapter. Contracts may be awarded to entities organized for profit, but such entities may not be the recipients or grants described in this paragraph.

For the purposes of this chapter, the term "disabled" or "disability" shall not apply to an individual solely because that individual is a transvestite. B Remedies. Such remedies and procedures shall apply exclusively, after approval in accordance with subparagraph C. C Proposed remedies and procedures. The remedies and procedures shall be effective upon the approval of the Committee on Rules and Administration.

The provisions of paragraph 1 , 2 are enacted by the Senate as an exercise of the rulemaking power of the Senate, with full recognition of the right of the Senate to change its rules, in the same manner, and to the same extent, as in the case of any other rule of the Senate.

A Application. C Exercise of rulemaking power. C Approval. The remedies and procedures shall be effective upon the approval of the Speaker, after consultation with the House Office Building Commission.

Such remedies and procedures shall apply exclusively, except for the employees who are defined as Senate employees, in section c 1 of the Civil Rights Act of The term "drug" means a controlled substance, as defined in schedules I through V of section of the Controlled Substances Act [21 U. Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under this chapter.

Should any provision in this chapter be found to be unconstitutional by a court of law, such provision shall be severed from the remainder of the chapter, and such action shall not affect the enforceability of the remaining provisions of the chapter. El dominio. 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.

E i The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as- I medication, medical supplies, equipment, or appliances, low-vision devices which do not include ordinary eyeglasses or contact lenses , prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies; II use of assistive technology; III reasonable accommodations or auxiliary aids or services; or IV learned behavioral or adaptive neurological modifications.

B Exceptions. Rule of construction regarding regulatory authority SEC. B Administration.

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