What Is Considered a Disability Under the ADA?
Americans with disabilities are protected by the federal Americans with Disabilities Act (ADA). The ADA does not list all disabilities that qualify for legal protection under the law. For individuals with obvious disabilities, there is no question as to their rights under the law. When the disability is not readily apparent, individuals may have a difficult time ensuring their rights under the ADA.
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General Definition
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Title I of the ADA defines a disability as a mental or physical impairment that prevents an individual from performing one or more "major life activities." The definition includes having a record of the impairment or "being regarded as having the impairment".
Definition of Major Life Activity
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A major life activity, as defined by the U.S. Equal Employment Opportunity Commission (EEOC), includes the ability to care for self, walking, speaking, breathing, hearing, reaching, lifting, learning, sitting, standing, working, sleeping, thinking, concentrating and interacting with others. The U.S. Supreme Court included running. Courts have not always agreed on the EEOC's definition of an impairment.
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Impairment Definition
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The ADA's definition of an "impairment" includes any condition that has a psychological, physiological or mental basis. It includes anatomical loss of a limb or of the sensory, respiratory, neurological, cardiovascular, digestive, musculoskeletal, genitor-urinary, skin and endocrine; and hemic and lymphatic systems. Cosmetic disfigurements, mental retardation, emotional or mental illnesses, some learning disabilities, brain disorders and cosmetic disfigurements are included in the impairment definition.
Substantially Limits
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The ADA includes substantial limits to determine if a disability qualifies for protection under the ADA. As provided in the general definition, a disability must "substantially" limit a person's ability to perform a major life activity. There are three criteria used to determine if the disability meets "substantially limits": the length of time the condition is expected to last; the nature and severity of the condition and the expected, long-term or permanent impact of the condition. Determinations are made on a person-by-person basis. For example, a person with mild form of a disease may not meet the "substantially limits" criteria while another person with the same disease may meet the criteria.
Conditions not Covered
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The ADA does not cover certain conditions, whether or not they cause a person difficulty. Exceptions include pregnancy, obesity and weight conditions, normal height deviations, economic and cultural-based problems, current illegal drug use and common personality traits. It also excludes being left-handed.
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