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Disability Discrimination

Individuals with disabilities have physical or mental impairments that prevent them from executing one or more major life functions in the species-typical way. This general conceptualization orients discussions of the moral and political dimensions of disability discrimination. For legal purposes, however, who is subject to and protected from disability discrimination is determined by statutory language or judicial interpretations, both of which vary from jurisdiction to jurisdiction.

The 1990 Americans with Disabilities Act (ADA) expresses “a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities” (Sec. 12101b.1) and “to address the major areas of discrimination faced day-to-day by people with disabilities” (Sec. 12101b.4). To be disabled under the ADA, a person must have or be regarded as having a physical or mental ...

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