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Eligibility For ADA Protections

"Disability" For Purposes Of The Americans With Disabilities Act (with examples)

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To have a "disability" for purposes of the ADA, you do not have to be confined to bed and unable to move. You can even have an invisible disability.

"Disability" for purposes of the ADA basically means that you must have a known physical or mental impairment or a combination of the two that substantially limits one or more major life activities that the average person in the general population can perform. The ADA does not include a list of conditions that are "disabilities." Instead, the question is your individual situation. However, a 2008 amendment to the law clarified conflicting court decisions so that:

  • As a general matter, any life changing health condition is a covered "disability." 
  • When determining disability, any mitigating measures an employee uses to help you do work are to be ignored. "Mitigating measures" include medications, prosthetics, hearing aids, and mobility devices. Ordinary eyeglasses and contact lenses may be considered.
  • The fact that a condition is in remission does not matter is when the condition is active, it is to considered to be a disability.
  • "Major life activities" are defined in the law to include, among other activities, caring for oneself, performing manual tasks, eating, sleeping, reading, concentrating, thinking, communicating and working. Major life activities also includes the operation of any major bodily function (such as the immune system, reproductive functions, neurological and brain functions). 

If, after reading the following information, including the examples, you  have a question about whether you are "disabled" under the federal ADA or similar state law, contact the nearest office of the Equal Employment Opportunity Commission (EEOC) or the appropriate agency in your state for free. For contact information, see Enforcement Of Workplace Discrimination Laws. Alternatively, you can contact a lawyer who specializes in employment.

To be "disabled" for purposes of the ADA, you must:

  • Have a physical or mental impairment, that substantially limits one or more major life activities OR
  • Be regarded by others as having a disability. This is generally referred to as the "perception" that you have a disability. (In other words, if people think you are disabled, you are for purposes of the ADA even though you can still get about or go to work.) The perception can come from a belief about your current situation or from a history of having an impairment. "Perception" is one of the main reasons that some health conditions are regarded as a disability even if they are not disabling OR
  • Associate with people with a disability
  • Your condition has to be "known" to the employer -- you have to disclose it. You do not have to disclose the extent of your health condition beyond the fact that you are "disabled."

"Impairment" For Purposes Of The ADA

For ADA purposes:

  • A covered impairment does not have to be physical. It can also be mental. For instance, depression can be a mental impairment, or difficulty thinking.
  • An impairment can also be a combination of physical and mental.
  • An impairment that substantially limits one major life activity does not need to limit other major life activities in order to be considered to be a "disability" under the ADA.
  • An impairment that is episodic or in remission is a disability under the ADA if it would substantially limit a major life activity when active.

"Major Life Activities" For Purposes of the ADA

The Americans With Disabilities Amendments Act of 2008 (ADAAA) defines "major life activities" to include the following: (NOTE: The following activities are what is listed in the law. They are not meant to be all the activities.)

  • Bending
  • Breathing
  • Caring for oneself
  • Concentrating
  • Communicating
  • Eating
  • Hearing
  • Learning
  • Lifting
  • Major bodily functions (which include, but are not limited to):
    • Digestive, bladder and bowel functions
    • Endocrine functions
    • Functions of the immune system
    • Neurological and brain functions
    • Normal cell growth
    • Performing manual tasks
    • Reading
    • Reproductive functions (reproduction including ability to have a baby)
    • Respiratory and circulatory functions
  • Performing manual tasks
  • Reading
  • Seeing
  • Sleeping
  • Standing
  • Thinking
  • Walking
  • Working

Effect of Mitigation (relieving symptoms) For Purposes of Americans With Disabilities Act

The determination of whether an impairment substantially limits a major life activity must be made without taking into consideration of the use of what are known as mitigating measures. Basically, mitigating measures are steps that can fix the impact of an impairment.

If your condition would qualify without mitigating aids, you have a protected disability. For instance, if you are clinically depressed, the fact that medications may help doesn't prevent you from being considered to be "disabled" for ADA purposes. Likewise, the following will not be taken into account when determining if you are "disabled":

  • Hearing aids and cochlear implants or other implantable hearing devices
  • Learned behavioral or adaptive neurological modifications
  • Low-vision devices (which do not include ordinary eyeglasses or contact lenses)
  • Medical equipment
  • Medical supplies
  • Medication
  • Mobility devices
  • Oxygen therapy equipment
  • Prosthetics (including limbs and devices)
  • Reasonable accommodations or auxiliary aids or services
  • Use of assistive technology

NOTE: There is an exception for ordinary eyeglasses and contact lenses. Because of the exception, if ordinary eyeglasses would allow you to see and your disability was the inability to see without glasses, you would not be considered to be disabled for purposes of the Americans With Disabilities Act.

 An Exception For A Direct Threat To Others Or Yourself

In the event that your health condition makes you a direct threat to yourself or to others, you are not protected under the ADA. To learn about direct threats, click here. To determine if you are a direct threat within the meaning of the ADA, click here 

Examples Of How The ADA Is Applied On A Case-by-Case Basis

Basically each situation is looked at on a case-by-case basis considering such factors as the nature, severity, duration and impact of the impairment. For example:

  • If your health condition is an episodic one or one that is in remission, it is still considered to be a disability for purposes of the ADA even when the condition is not active "if it would substantially limit a major activity when active." For example, cancer and post traumatic stress disorder are generally episodic..
  • Even if a condition doesn't significantly affect your major life activities, it can be a disability under the ADA if your employer treats you as if it affects your activities because there is the perception of "having an impairment."
  • While the disease itself may not substantially limit any major life activity (such as when it is diagnosed and treated early), it can lead to the occurrence of other impairments that may be disabilities. For example, if a depression develops as a result of the diagnosis and lasts long enough, such as for several months, it is a disability if it substantially limits a major life activity such as interacting with others, sleeping or eating.
  • A condition may be a disability if it was substantially limiting some time in the past. For example, a person who went through a bone marrow transplant and was unable to care for himself for six months has a record of disability.
  • People living with HIV are protected under the ADA because HIV affects the ability to have a child. It doesn't matter whether the person has symptoms or not  or whe ther the HIV has proceeded to full blown AIDS.
  • The fact that a disease affects your reproductive rights may make you "disabled" if you were intent on having children, but not if you're not.
  • While the disease itself may not substantially limit any major life activity (such as when it is diagnosed and treated early), it can lead to the occurrence of other impairments that may be disabilities. For example, if a depression develops as a result of a diagnosis, and lasts long enough, such as for several months, it can be considered to be a disability if it substantially limits a major life activity such as interacting with other people, or with sleeping or eating.
  • A condition may be a disability if it was substantially limiting some time in the past. For example, a person who went through a bone marrow transplant and was unable to care for himself for six months has a record of disability.

If you have a question about whether you are "disabled" under a federal or state law, contact your nearest office of the Equal Employment Opportunity Commission (EEOC) or the appropriate agency in your state. For contact information, see Enforcement of the Americans With Disabilities Act.


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