Question

2. Is an individual who is perceived as having a disability, but in fact has recovered from the disability or is not disabled, covered by the ADA? Provide an example to support your answer.

Answer 1

The American with Disabilities Act (ADA) protects the civil rights of individuals with disabilities. It provides equal opportunities to individuals with disabilities in respect to public accommodation, transport, education, employment etc.

ADA provides similar protection to individuals with disability similar to Civil Rights Act of 1964, which protects right against discrimination on the basis of race, religion, sex and origin.

The title I employment provision apply to employers with 15 or more employees, state and local government, recruiting agencies, labor unions etc. An individual is considered to have disability if he/her has a physical or mental impairment that substantially limits the major life activity of an individual, has a record of such an impairment or is regarded having such an impairment.

Examples of such impairments are deafness, blindness, intellectual disability, partial or completely missing limbs, autism, cancer, cerebral palsy, epilepsy, HIV infection etc.

The second part of the definition would protect the individual having record of a disability would cover, for example a person has recovered from cancer or mental illness.

Thus, it is clear from the above statement that person who has recovered from disability is covered under ADA.