What is a “disability” under the ADA?
Under the ADA, a disabled person is one who has a physical or mental impairment that substantially limits one or more major life activities; or has a record of such impairment, or who is perceived as having such an impairment. Mitigating measures (eyeglasses, hearing aids, medication) are taken into account under the federal law to determine if this standard has been met. Examples of major life activities include: walking, seeing, hearing, speaking, breathing, learning, working, performing manual tasks, caring for one’s self, sitting standing, lifting, sleeping and reading. Under the ADA, a non-chronic impairment of short duration with no long term or permanent impact is not a disability. Thus, according to the Equal Employment Opportunity Commission (EEOC), broken limbs, sprained joints, concussions appendicitis, and the flu are not disabilities. The ADA prohibits discrimination against any person with a record of a disability or who is regarded as disabled.
A “disability” includes both physical and mental impairments. There is a two step analysis in determining whether a person has a disability. First, the person must either have an impairment, have a record of impairment or be regarded as having an impairment. Second, the impairment must be one which substantially limits a major life activity, like walking, seeing, hearing, caring for oneself, breathing, speaking, or working. The Supreme Court has held that an employer may take into consideration corrective measures (e.g. eyeglasses and contact lenses) and mitigating measures (e.g. medicine) in determining whether a person has an ADA disability. The Fourth Circuit has held that intermittent manifestations of a medical condition may not constitute a disability (e.g. epilepsy).
A. As defined by the ADA, a disability is a physical or mental impairment that substantially limits a major life activity such as walking, seeing, hearing, learning, breathing, caring for oneself, or working. The ADA protects three classes of people with disabilities: those who have a disability; those who have a record of having a disability; and those who are regarded as having a disability, whether or not they actually have one, if their being perceived as having one results in discrimination.
