What are the qualifications for a short term illness disability through the Americans with Disabilities Act?

The Americans with Disability Act (ADA) provides protection for persons with disabilities. This protection extends to those whose disability is short-term. As long as the person is disabled for that period, he or she falls under ADA protection. The ADA stipulates that reasonable accommodations are to be made for people with disabilities.

Disability Under the ADA

ADA defines a "disability" as "a physical or mental impairment that substantially limits a major life activity."  Therefore, a short-term illness or condition may fall within the legal definition provided by the ADA. 

Activities Constituting Major Life Activities Under the ADA

A person's short-term illness must limit certain major life activities to be treated as a legal disability under the ADA's provisions.  The following are a few activities that are deemed major life activities: 

• walking
• seeing
• sitting
• hearing
• speaking
• breathing
• learning
• performing manual tasks
• self-care activities
• working
• standing
• lifting
• reading
• functions of the immune system, including such functions as: normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions

Short-Term Illnesses Under the ADA

The following are examples of short-term illnesses that may qualify under the ADA:

• back injuries
• heart attacks
• strokes
• vascular diseases
• MS which is not in remission
• other diseases which are not in a remission
• broken bones which make it impossible for a person to function temporarily

A person with a short-term illness is protected against certain discriminatory acts under the terms of the ADA. If that person feels that he or she has been discriminated against because of their illness, they may report violations and even seek civil remedies.

If you have suffered discrimination as defined under the ADA, find an experienced attorney to discuss the Americans Disability Act and your short-term illness.