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 However, someone who has had major depression for more than a few months may be intensely sad and socially withdrawn, have developed serious insomnia, and have severe problems concentrating.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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