-----Original Message-----
From: Jennifer Smith <[log in to unmask]>
To: [log in to unmask] <[log in to unmask]>
Date: Thursday, April 22, 1999 5:17 AM
Subject: Re: Americans with Disabilities Act


>This post is very informative, however, as I have noticed with most
>government agencies and such, there is no mention of the self-employed.  It
>seems that unless you work for someone else, you are on your own when it
>comes to any such benefits.  Just wondering if anyone else has experienced
>this.  I would consider it a type of discrimination.  I work for myself and
>make a decent living.  I pay taxes and contribute a disired product.  But,
>according to the state of North Carolina, I do not qualify for any
disability
>unless I have worked for someone else for five out of the last ten years.
I
>have been self employed for over 20 years.
>Jennifer
>
>Linda J Herman wrote:
>
>> From: JAN on the WEB  http://janweb.icdi.wvu.edu/
>> AMERICANS WITH DISABILITIES ACT
>> SUBCHAPTER I [TITLE I] - EMPLOYMENT
>> DEFINITIONS
>> SEC. 12111. [Section 101]
>>
>> As used in this subchapter:
>>
>> (2) Disability. - The term "disability" means, with respect to an
>> individual-
>> (A) a physical or mental impairment that substantially limits one
>> or more of the major life activities of such individual;
>> (B) a record of such an impairment; or
>> (C) being regarded as having such an impairment.
>>
>> (8) Qualified individual with a disability. - The term "qualified
>> individual with a disability" means an individual with a disability who,
>> with or without reasonable accommodation, can perform the essential
>> functions of the employment position that such individual holds or
>> desires. 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.
>> (9) Reasonable accommodation. - The term "reasonable
>> accommodation" may include-
>> (A) making existing facilities used by employees readily accessible
>> to and usable by individuals with disabilities; and
>> (B) job restructuring, part­time or modified work schedules,
>> reassignment to a vacant position, acquisition or modification of
>> equipment or devices, appropriate adjustment or modifications of
>> examinations, training materials or policies, the provision of qualified
>> readers or interpreters, and other similar accommodations for individuals
>> with disabilities.
>>
>> ----------------------------------------------------------------
>> The Americans with Disabilities Act
>> Questions and Answers
>> Employment
>>
>> This information has been compiled to assist the general public in
>> understanding and complying with the Americans with Disabilities Act. It
>> does not constitute a determination by the Department of Justice of your
>> rights and responsibilities, and it is not binding on the Department.
>>
>> Q. What practices and activities are covered by the employment
>> nondiscrimination requirements?
>> A. The ADA prohibits discrimination in all employment practices,
>> including job application procedures, hiring, firing, advancement,
>> compensation, training, and other terms, conditions, and privileges of
>> employment. It applies to recruitment, advertising, tenure, layoff,
>> leave, fringe benefits, and all other employment-related activities.
>>
>> Q. Who is protected from employment discrimination?
>> A. Employment discrimination is prohibited against "qualified individuals
>> with disabilities." This includes applicants for employment and
>> employees. An individual is considered to have a "disability" if s/he has
>> a physical or mental impairment that substantially limits one or more
>> major life activities, has a record of such an impairment, or is regarded
>> as having such an impairment. Persons discriminated against because they
>> have a known association or relationship with an individual with a
>> disability also are protected.
>> The first part of the definition makes clear that the ADA applies to
>> persons who have impairments and that these must substantially limit
>> major life activities such as seeing, hearing, speaking, walking,
>> breathing, performing manual tasks, learning, caring for oneself, and
>> working. An individual with epilepsy, paralysis, HIV infection, AIDS, a
>> substantial hearing or visual impairment, mental retardation, or a
>> specific learning disability is covered, but an individual with a minor,
>> nonchronic condition of short duration, such as a sprain, broken limb, or
>> the flu, generally would not be covered.
>> The second part of the definition protecting individuals with a record of
>> a disability would cover, for example, a person who has recovered from
>> cancer or mental illness.
>> The third part of the definition protects individuals who are regarded as
>> having a substantially limiting impairment, even though they may not have
>> such an impairment. For example, this provision would protect a qualified
>> individual with a severe facial disfigurement from being denied
>> employment because an employer feared the "negative reactions" of
>> customers or co-workers.
>>
>> Q. Who is a "qualified individual with a disability"?
>> A. A qualified individual with a disability is a person who meets
>> legitimate skill, experience, education, or other requirements of an
>> employment position that s/he holds or seeks, and who can perform the
>> "essential functions" of the position with or without reasonable
>> accommodation. Requiring the ability to perform "essential" functions
>> assures that an individual with a disability will not be considered
>> unqualified simply because of inability to perform marginal or incidental
>> job functions. If the individual is qualified to perform essential job
>> functions except for limitations caused by a disability, the employer
>> must consider whether the individual could perform these functions with a
>> reasonable accommodation. If a written job description has been prepared
>> in advance of advertising or interviewing applicants for a job, this will
>> be considered as evidence, although not conclusive evidence, of the
>> essential functions of the job.
>hi I worked for my self for 35 years. was called in about disability when
the found out I had PD they said I could not handle a job properly. so I got
100%  but also I was having season. and could not make any kind senses. hope
this helps.  if to day it takes days or weeks for me to do what I did for
years.

                                   I.Y.Q.

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