Employee with a Disability or Impairment

Modified: June 8, 2018

as defined at NMSA 1978, Section 28-1-2(M) or the Americans with Disabilities Act, 42 U.S.C. ยง 12102, is an employee who: A.) Has a physical or mental impairment that substantially limits one or more major life activities (for example, the ability to communicate or to move about); B.) Has a record of such an impairment; or C.) Is regarded as having such an impairment by supervisors or managers, whether or not an impairment actually exists. (They may be an employee who has recovered from a disability but who is still thought of as having the disability or is stigmatized because of having had the disability, or who has been misclassified as having a disability that they did not actually have.)

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