Prohibited Discrimination: Discrimination is prohibited in regard to: recruitment, advertising, and job application procedures; hiring or rehiring, upgrading, promotion, demotion, transfer, layoff and recall, termination, or award of tenure; salary assignment, position description and classification, organizational structure, lines of progression, and seniority lists; leaves of absence, sick leave, or any other leave; fringe benefits; selection and support for training, professional meetings, conferences, and other related activities; social and recreational programs sponsored by the employer; any other term, condition, or privilege of employment.

Qualified Individual:  The employee or applicant who meets all of the prerequisite qualifications for the position.

Qualified Individual with a Disability:  An individual with a disability who can perform the essential functions of the position which he/she holds or desires, either with or without reasonable accommodation for the disability.

Disability:

1. a physical or mental impairment1 that substantially limits2 one or more of the major life activities of such individuals; or
2. a record of such an impairment; including work related injuries such as a history of heart disease or work-related back injury, or a record of misclassification, e.g., an individual who was misclassified as learning disabled but was/is not; or
3. being regarded as having such an impairment.3

Also protected under the Act are certain individuals who are not themselves disabled.  That is, it is unlawful to discriminate against a qualified individual because of the known disability of another individual with whom the qualified individual is known to have a family, business social, or other relationship or association.  In this case, however, an employer is not required to make any accommodations.

Major Life Activities:   This term includes such functions as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

Essential Functions:  The fundamental job duties of the employment position the individual with a disability holds or desires.

Reasonable Accommodation:  means modification(s) or adjustment(s) which can be made, without undue hardship, to allow a Qualified Individual with a Disability to be considered for the position he/she desires and/or to allow that person to enjoy equal employment opportunities.  "Accommodation"4 may be required in:

1. the job application process
2. the work environment
3. the manner or circumstances under which the job is usually performed.

Undue Hardship:  Significant difficulty or expense incurred by a covered entity when considered in light of factors such as the nature and net cost of the accommodation, the overall financial resources of the facility, the size of the work force involved, and type of operation.

Footnotes

1 "Physical or mental impairment" means a physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs (vision, speech, and hearing); respiratory, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine, or any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. 

2 Three factors are considered in determining whether a person's impairment substantially limits a major life activity:  its nature and severity; how long it will last or is expected to last; its permanent or long-term impact.

3 "Regarded as having an impairment" means: a) the individual may have an impairment which is not substantially limiting but is treated as if it is; b) the individual may have an impairment which is limiting only because of the attitudes of others towards such impairment; or c) the individual may have no impairment at all but is treated by others as if he/she did.

4 Such accommodations may include providing readily accessible and usable facilities: part-time or modified work schedules; reassignment to a vacant position; acquiring/modifying equipment; modifications to examinations, training materials, or policies; providing qualified readers or interpreters; and other similar accommodations.