It applies to recruitment, advertising, tenure, layoffs, leave, fringe benefits, and all other employment-related activities. Qualified Persons with Disabilities Person with a Disability To enjoy the protections of the ADA, the person must be qualified and disabled. Major Life Activities Major life activities include, but are not limited to, seeing, hearing, speaking, walking, breathing, learning, working, caring for oneself and performing manual tasks. A person who illegally uses drugs is not considered a qualified person with a disability. However, an individual who is not a current user and is either currently enrolled in a treatment program or who has successfully completed one, is considered to have a disability and is protected from discrimination.
Alcoholism is regarded as disabling if it substantially limits a major life activity.
However, the alcoholic employee must be able to perform the essential functions of the position in order to be considered qualified. An employer is entitled to regulate the use of drugs and alcohol in the workplace. Qualified To be considered qualified, the person must have the requisite educations, skills and experience necessary for the position and be able to perform the essential functions of the job, with or without reasonable accomodation. Reasonable Accommodation Examples of reasonable accommodations include making existing facilities used by employees readily accessible to and usable by persons with disabilities, job restructuring, modifying work schedules, acquiring or modifying equipment or devices, reassignment to a vacant position, the provision of readers, interpreters and personal assistants for work- related activities, or modifying examinations, training or other programs. An accommodation would not be considered reasonable if it created an undue hardship for the employer.