Definition of Disability
The definition of disability has three parts. A person only has to meet one of the parts to be covered.
The definition applies to a person who:
-
has a physical or mental impairment that substantially limits one or more major life activities; or
-
has a history or record of a physical or mental impairment that substantially limited one or more major life activities; or
-
is regarded as having an impairment, whether the person has the impairment or not.
Part 1 covers people who currently have a physical or mental impairment that substantially limits one or more major life activities. It does not apply to people whose impairment is unsubstantial, such as someone who is slightly nearsighted or someone who is mildly allergic to pollen.
Examples
-
A.Z. has cerebral palsy and is able to walk a mile in an hour. Most people can walk a mile in 20 – 30 minutes.
-
B.Y. has diabetes. Diabetes substantially limits the functioning of the endocrine system, which is a major life activity.
Both A.Z. and B.Y. are protected under the first part of the definition.
The definition also applies to people, whose impairment substantially limits a major life activity but can be moderated or mitigated.
Examples
-
C.X . has substantial hearing loss but is able to hear when using a hearing aid.
-
D.W. had a leg amputated and uses a prosthetic leg to walk.
These people are protected under the first part of the definition.
Part 2 covers people who have a history or record of a physical or mental impairment that substantially limited one or more major life activities.
Examples
-
G.T. had cancer eight years ago and has been cancer free for six years.
-
At age 8 H.S. was misclassified as having an intellectual disability (formerly termed “mental retardation”) H.S. is protected from discrimination on the basis of that erroneous classification.
These people are protected under the second part of the definition.
Part 3 of the definition is a bit more complicated. It was included in the ADA to protect people who might not meet either of the first two parts of the definition, but who are subject to adverse decisions by covered entities based upon unfounded concerns, fears, or prejudices. A person is protected under this third part when a covered entity takes an action prohibited by the ADA because of an actual or perceived impairment.
Examples
-
A town recreation department refuses to admit a child with burn scars to a summer camp because the department is concerned about other children’s reactions. The department has regarded the child as person with a disability, regardless of whether the child’s scars substantially limit a major life activity.
-
H.S. is excluded from a county senior center because the staff have heard that H.S. is infected with the Ebola virus. H.S. is not infected with the Ebola virus.
These people are protected under the third part of the definition.
Title II regulation 28 § 35.108
Definition of disability:
(1) Disability means, with respect to an individual: (i) A physical or mental impairment that substantially limits one or more of the major life activities of such individual; (ii) A record of such an impairment; or (iii) Being regarded as having such an impairment as described in paragraph (f) of this section.
User Comments/Questions
Add Comment/Question