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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.