Determination Of Disability For Individual With Disability Under Other Laws

Determination Of Disability For Individual With Disability Under Other Laws An individual who has a record of a disability under other laws or regulations does not necessarily have a record of a disability for purposes of the ADA. Other laws may define the term ''disability'' differently from the way the ADA defines the term. The investigator, therefore, should not assume that an individual who has been certified as having a disability or a handicap for other purposes, such as veterans programs, state vocational rehabilitation programs, or disability retirement programs, also has a disability under the ADA. The investigator, however, should obtain a copy of the certification and other similar available documents. Such certification is not dispositive for the purposes of the ADA, but it may provide relevant information. For example, medical information supporting the certification may be relevant to whether the charging party has a ''disability'' under the ADA. Further, the respondent's knowledge of and attitude toward the certification may be relevant to whether the respondent regarded the charging party as having a substantially limiting impairment.