Laws and DefinitionsAmericans With Disabilities ActTitle II of the Americans with Disabilities Act of 1990 prohibits discrimination on the basis of disability by public entities. It is designed to remove barriers which prevent persons with disabilities from accessing the same educational and employment opportunities as persons without disabilities. Section 504 Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in all programs or activities that receive Federal financial assistance, including state universities. "No otherwise qualified individual with a disability in the United States, as defined in section 7(20), shall solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Definition of a Disability An "individual with a disability" is someone with a physical or mental impairment that substantially limits one or more major life activities. Physical or mental 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. Mental impairment means any psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. Substantially limits means unable to perform a major life activity or significantly restricted as to the condition, manner, or duration under which a major life activity can be performed, in comparison to the average person or to most people. Major life activity refers to functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. |
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