Disability Awareness
Americans with Disabilities Act
Methods of Providing Program Accessibility
Qualified
Individual with a Disability:
The definition of an individual who
would be protected by the ADA is a three prong definition:
1.
An individual with a physical or mental impairment that substantially
limits one or more major life activities,
2.
Individuals with a record of such an impairment, or
3.
Individuals who are regarded as having such an impairment.
A major
life activity includes such things as walking, seeing, hearing, speaking,
breathing, learning, working, caring for oneself, performing manual tasks
and social activities. The
average person can perform these activities with little or no difficulty.
For example, an individual has a mild form of diabetes that is
controlled by diet alone. There
is no medication, appliance, or treatment required for the condition.
It therefore would be difficult to prove the impact of the
disabling condition on a major life activity.
However, if the individual is treated differently because they have
a history of a disability or are regarded by others as having a
disability, then the individual may still be eligible for protection under
the ADA.
The following are examples
of exceptions and are currently excluded, by definition, from the
protection of the ADA:
1. Current, illegal use of drugs.
2. Homosexuality and bisexuality
3. Transvestitism
4. Pedophilia
5. Exhibitionism
6. Voyeurism
7. Gender identity disorders not resulting from physical impairments
8. Other sexual behavior disorders
9. Compulsive gambling
10. Kleptomania
11. Pyromania
A “Qualified Individual With a Disability” (QIWD) is defined as meeting the essential eligibility requirements for receipt of services or participation in a public entities programs, services, or activities with or without;
1. Reasonable modifications to rules, policies or practices, or
2. Removal of architectural, communication or transportation barriers, or
3.
Provision of auxiliary aids or services.
A public entity must reasonably modify it’s policies, practices, or procedures to avoid discrimination.