The ADA Disability Definition

The United States Congress enacted the Americans with Disabilities Act (ADA) in 1990. President George H.W. Bush signed the act into law. In September 2008, President George W. Bush signed the ADA Amendments Act of 2008, which was intended to give more protections for disabled workers. The ADA is a civil rights law that prohibits discrimination based on disability in certain contexts. It gives similar protections to individuals with disabilities as the Civil Rights Act affords. 

ADA in General

The ADA prohibits discrimination on the basis of disability in the areas of employment, government, public accommodations, commercial facilities, transportation, and telecommunications. The ADA protects individuals with disabilities or those having relationships with a person with a disability. The ADA prohibits employment discrimination against “qualified individuals with disabilities”; this protection includes applicants for employment as well as employees.

Disability Definition

The ADA defines disability as a “physical or mental impairment that substantially limits a major life activity.” This definition also includes a person who has a history of an impairment or a person who is perceived by others as having an impairment.  The ADA does not specifically state every disability that is covered. Courts decide whether an individual’s condition falls under the disability definition on a case-by-case basis. The ADA does exclude specific conditions from its disability definition; this exclusion includes current substance abuse and visual impairment that is fixable with contact lenses. Title I of the ADA requires employers to give qualified individuals with disabilities an equal chance to benefit from all employment-related opportunities available to others. A qualified individual with a disability is a person who has the legitimate skill, experience, education, or other requirements needed for the job and who can perform the job’s essential functions with or without reasonable accommodation. 

The Equal Employment Opportunity Commission (EEOC) is tasked with interpreting the ADA when dealing with employment discrimination. The EEOC regulations have narrowed “substantially limits” (found in the disability definition) down to “significantly or severely restricts.” 

The Amendments Act to the ADA (effective January 2009) broadened “major life activities” and added examples. Some examples of major life activities include “caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working” as well as operating one of the major body functions listed in the amendment. 

Importance of Consulting with a Lawyer

If you would like more information regarding the Americans with Disabilities Act, contact a qualified attorney.  A skilled attorney can help you navigate the laws and procedures relevant to the ADA.