TERMS DEFINED

To assist the reader in navigating this article, here are some of the more commonly used words and phrases.

Disability:ii A disability is defined as a physical or mental impairment that substantially limits one or more of the major life activities.

Major Life Activities: These include, but are not limited to: Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.iii

Disability Discrimination: Disability discrimination occurs when a covered entity (for example a school or a business) treats an individual with a disability unfavorably or unequally because of that disability. Therefore, in certain situations the law requires covered entities (to avoid claims of discrimination) to make reasonable accommodations so that the individual with the disability is able to enjoy equal opportunities of someone without a disability.

Reasonable Accommodation: A change in the structure of a building, or the modification of a covered entity's environment, policy, or procedure, which allows the individual with a disability the ability to enjoy an equal opportunity to that of someone without a disability. The accommodation is considered reasonable if it seems "reasonable on its face"iv or is feasible given the circumstances surrounding the requested accommodation. Examples of common reasonable accommodations are: providing wheelchair access; job restructuring; providing written materials in alternative formats, such as Braille; and, providing readers or sign language interpreters. The covered entity may not have to provide the modification if the change would result in an undue hardship.

Undue Hardship: Undue hardship means a significant difficulty or expense. It "focuses on the resources and circumstances of the particular covered entity in relationship to the cost or difficulty of providing a specific accommodation. Undue hardship refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business."v

Covered Entity: A business or entity that must comply with the disability laws.