For purposes of employment, this term does not include: Any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents the individual from performing the...
Search Results "Individual with a Disability"
2010 ADA Definition
Individual with a Disability: Individual with a disability means a person who has a disability. The term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs, when the private entity acts on the basis of such use.
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§8.3 Individual with handicaps
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§104.4 Discrimination prohibited.
[45 FR 30936, May 9, 1980, as amended at 65 FR 68054, Nov. 13, 2000]
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§104.4(a) General
(a) General. No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to...
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§104.4(b)(1)(i)
(i) Deny a qualified handicapped person the opportunity to participate in or benefit from the aid, benefit, or service;
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§104.4(b)(1)(ii)
(ii) Afford a qualified handicapped person an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others;
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§104.4(b)(1)(iii)
(iii) Provide a qualified handicapped person with an aid, benefit, or service that is not as effective as that provided to others;
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§104.4(b)(1)(iv)
(iv) Provide different or separate aid, benefits, or services to handicapped persons or to any class of handicapped persons unless such action is necessary to provide qualified...
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§104.4(b)(1)(v)
(v) Aid or perpetuate discrimination against a qualified handicapped person by providing significant assistance to an agency, organization, or person that discriminates on the basis...
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§104.4(b)(1)(vi)
(vi) Deny a qualified handicapped person the opportunity to participate as a member of planning or advisory boards; or
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§104.4(b)(1)(vii)
(vii) Otherwise limit a qualified handicapped person in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving an aid, benefit, or service.
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§104.4(b)(2)
(2) For purposes of this part, aids, benefits, and services, to be equally effective, are not required to produce the identical result or level of achievement for handicapped and...
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§8.4(b)(2)
(2) For purposes of this part, housing, aids, benefits, and services, to be equally effective, are not required to produce the identical result or level of achievement for individuals with...
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§8.4(b)(3)
(3) A recipient may not deny a qualified individual with handicaps the opportunity to participate in any federally assisted program or activity that is not separate or different despite...
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§104.4(b)(4)
(4) A recipient may not, directly or through contractual or other arrangements, utilize criteria or methods of administration
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§104.4(c) Aid, benefits, or services limited by Federal law
(c) Aid, benefits, or services limited by Federal law. The exclusion of nonhandicapped persons from aid, benefits, or services limited by Federal statute or executive order to...
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§27.7(d) Aid, benefits, or services limited by Federal law
For aid, benefits, or services authorized by Federal statute or executive order that are designed especially for persons with a disability, or for a particular class of persons with a disability...
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Individual with a disability
Individual with a disability means a person who has a disability....
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§104.5(c) Covenants
(c) Covenants.
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12210(a) In general
(a) In general For purposes of this chapter, the term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs, when the covered...
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12210(b) Rules of construction
(b) Rules of construction Nothing in subsection (a) of this section shall be construed to exclude as an individual with a disability an individual who...
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§104.6(a) Remedial action
(a) Remedial action.
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§104.6(a)(1)
(1) If the Assistant Secretary finds that a recipient has discriminated against persons on the basis of handicap in violation of section 504 or this part, the recipient shall take...
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Individual with a Disability
The definition of "individual with a disability'' excludes someone who is currently engaging in the illegal use of drugs, when a covered entity is acting on the basis of such use....
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BUSINESSES AND NON-PROFIT SERVICE ORGANIZATIONS
BUSINESSES AND NON-PROFIT SERVICE ORGANIZATIONS The ADA prohibits discrimination by public accommodations, which include businesses and non-profit service organizations that...