a. Disability Defined
The ADA defines disability as a mental or physical impairment that substantially limits one or more major life activities.5 ADA protection extends not only to individuals who currently have a disability, but to those with a record of a mental or physical impairment that substantially limits one or more major life activities, or who are perceived or regarded as having a mental or physical impairment that substantially limits one or more major life activities.6
Three things to ask yourself when determining whether an individual has a disability for purposes of the ADA are:
5 42 U.S.C. § 12202(2)(A).
6 42 U.S.C. § 12102(2)(B) & (C).
One: Does the individual have an impairment?
A physical impairment is a physiological disorder or condition, cosmetic disfigurement or anatomical loss impacting one or more body systems.7 Examples of body systems include neurological, musculoskeletal (the system of muscles and bones), respiratory, cardiovascular, digestive, lymphatic and endocrine.8
A mental impairment is a mental or psychological disorder.9 Examples include mental retardation, emotional or mental illness, and organic brain syndrome.10
The Department’s regulations also list other impairments, including contagious and noncontagious diseases; orthopedic, vision, speech and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; specific learning disabilities; HIV disease (with or without symptoms), tuberculosis, drug addiction, and alcoholism.11
7 28 C.F.R. § 35.104(1)(i)(A).
8 28 C.F.R. § 35.104(1)(i)(A).
9 28 C.F.R. § 35.104(1)(i)(B).
10 28 C.F.R. § 35.104(1)(i)(B).
11 28 C.F.R. § 35.104(1)(ii).
Two: Does the impairment limit any major life activities?
An impairment cannot be a disability unless it limits something, and that something is one or more major life activities. A major life activity is an activity that is central to daily life.12 According to the Department’s regulations, major life activities include walking, seeing, hearing, breathing, caring for oneself, sitting, standing, lifting, learning, thinking, working,13 and performing manual tasks that are central to daily life.14 The Supreme Court has also decided that reproduction is a major life activity.15 This is not a complete list. Other activities may also qualify, but they need to be activities that are important to most people’s lives.
12 Toyota Motor Mfg., Kentucky, Inc. v. Williams, 534 U.S. 184 (2002).
13 Bragdon v. Abbott, 524 U.S. 624, 638-49 (1999). The Supreme Court has questioned whether “working” is a major life activity. However, “working” is identified as a major life activity under the regulation for Title II of the ADA, 28 C.F.R. § 35.104, and the regulation for Title I of the ADA, 29 C.F.R. § 1630.2(I).
14 Toyota, 534 U.S. 184.
15 Bragdon v. Abbott, 524 U.S. 624 (1988).
Three: Is the limitation on any major life activity substantial?
Not only must a person have an impairment that limits one or more major life activities, but the limitation of at least one major life activity must be “substantial.” An impairment “substantially limits” a major life activity if the person cannot perform a major life activity the way an average person in the general population can, or is significantly restricted in the condition, manner or duration of doing so. An impairment is “substantially limiting” under the ADA if the limitation is “severe,” “significant,” “considerable," or "to a large degree."16 The ADA protects people with serious, long-term conditions. It does not protect people with minor, short-term conditions.
Here are some things to think about when trying to decide if an impairment is substantially limiting:
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What kind of impairment is involved?
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How severe is it?
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How long will the impairment last, or how long is it expected to last?
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What is the impact of the impairment?
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How do mitigating measures, such as eyeglasses and blood pressure medication, impact the impairment? The Supreme Court has ruled that, if an impairment does not substantially limit one or more major life activities because of a mitigating measure an individual is using, the impairment may not qualify as a disability.17 Remember, however, that mitigating measures such as blood pressure medication may sometimes impose limitations on major life activities, and those must be considered as well.
16 Toyota, 534 U.S. 184.
17 Sutton v. United Airlines, Inc., 527 U.S. 471 (1999).
Example: Broken Arm – Under ordinary circumstances, a person with a broken arm is not covered by the ADA. Although a broken arm is an impairment, it is usually temporary and of short duration. Consequently, a broken arm is not considered to be substantially limiting is most circumstances.
Does a person with depression have a disability under the ADA?
You might think the answer would be “no” because depression does not seem to substantially limit any specific major life activity. However, someone who has had major depression for more than a few months may be intensely sad and socially withdrawn, have developed serious insomnia, and have severe problems concentrating. This person has an impairment (major depression) that significantly restricts his ability to interact with others, sleep, and concentrate. The effects of this impairment are severe and have lasted long enough to be substantially limiting.
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