-----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. [log in to unmask]