A Record of Impairment relates to those individuals with a history of a disability such as a history of back injuries or cancer in remission. The ADA prohibits employers from discriminating against a qualified individual with a disability. A qualified individual with a disability is any person who with or without reasonable accommodation can perform the essential functions of the employment position that such individual holds or desires to hold. A qualified individual is one who has all the requisite training, experience and aptitude necessary to perform the job. The ADA requires reasonable accommodation for such qualified individuals with a known disability.
Reasonable accommodation can include one of the following categories.
An accommodation that enables employees with disabilities to enjoy equal benefits and privileges of employment as they are enjoyed by employees without disabilities. The serious health condition of the employee that makes the employee unable to perform the functions of the employee's position. A spouse does not include unmarried domestic partners. If both spouses are working for the same employer their total leave in any 12 month period may be limited to an aggregate of 12 weeks if the leave is taken for either a birth or adoption of a child or to care for a sick parent. In the case of a serious, long-term or chronic condition or disability that cannot be cured being under the continuing supervision of, but not necessarily being actively treated by a health care provider.