b'Life with MSHHoowwttooSSttaayyWWoorrkkiinnggThe Americans with Disabilities Act and the Family and Medical Leave ActBy Aundrea G. Cormier, Phillip D. Rumrill, Jr. and Malachy BishopHavingajobisimportantandvalued This includes the job application procedures,among adults in American society. On the hiring/firingpractices,compensation,surface, a job provides income and economic advancement opportunities, job training, andstability, but it can alsogive us purpose every other employment privileges. The law requiresdaya reason to get up in the morningand an understanding of these key terms: itdetermineshow wespendmuchofourIndividual with a disability: An individualtime each week. Quite often, it is the basis of with a disability is one who has (1) a mentalour identity and self-esteem, as we nd pride or physical impairment that substantiallyin the work we do. We spend at least half of limits one or more life activities, or hasour waking hours on work-related activities, (2) a history of such an impairment, or ismaking it the single most time-consuming (3) perceived (even erroneously) as havingtask in our lives. such an impairment.So, when a disease like multiple sclerosisQualied individual with a disability: Anaects job performance, it threatens not only individual with a disability who meets thea persons nancial security, but also a persons skill,experience,education,andothersocial life and self-concept. Fortunately, legal job-related requirements of a position heldprotections at the federal level are available or desired and who, with or without reasonablethat can help you continue your career while accommodations, can perform the essentialliving with MS. In this article, we describe the functions of the job.keyprovisionsoftwoimportantlaws,theAmericans with Disabilities Act (ADA) and theEssential job functions: Essential job functionsFamily and Medical Leave Act (FMLA). are those that are fundamental to the jobThe Americans with Disabilities Act (theyrequirespecialexpertise,requirealarge amount of time, and/or were listed inEnacted in 1990 and amended in 2008, the the written job description prepared beforeADA was the rst comprehensive legislation the employer advertised for or interviewedpassed by any country in the world to specically job applicants).prohibit discrimination on the basis ofReasonable accommodations: These referdisability. The ADA covers four areas of to employment-related modications that ansocial activity: employment, public services, employer makes to ensure equal opportunitypublic accommodations, and communications. for an individual with a disability to (1) applyWe will focus on employment. for or test for a job; (2) perform essential jobThe ADA prohibits most employers with functions; and/or (3) receive the same15 or more employees from discriminating benets and privileges as other employees.against a qualied person with a disability. The employer is required to provide amsfocusmagazine.org 14'