The Americans with Disabilities Act (ADA) defines a disability broadly to ensure robust civil rights protections for individuals with various conditions. An individual qualifies as having an ADA disability if they meet one of three specific criteria:
- They have a physical or mental impairment that substantially limits one or more major life activities.
- They have a history or record of such an impairment.
- They are regarded as having such an impairment by others.
This comprehensive definition aims to prevent discrimination against individuals based on their actual or perceived disabilities.
Understanding the Core Definition: Impairment and Major Life Activities
The primary way an individual qualifies for ADA protection is by demonstrating a physical or mental impairment that significantly restricts a major life activity.
What are "Major Life Activities"?
Major life activities are fundamental activities that most people perform with little or no difficulty. The ADA includes a broad range of such activities, ensuring wide coverage.
These activities include, but are not limited to:
- Daily self-care: Caring for oneself, performing manual tasks, eating, sleeping.
- Sensory functions: Seeing, hearing, speaking.
- Physical mobility: Walking, standing, lifting, bending, reaching.
- Cognitive functions: Learning, reading, concentrating, thinking, communicating.
- Work-related activities: Working.
Additionally, the ADA also includes major bodily functions as major life activities. These encompass the functioning of specific body systems:
- Immune system
- Normal cell growth
- Digestive, bowel, bladder functions
- Neurological, brain, respiratory, circulatory functions
- Endocrine, and reproductive functions
What Does "Substantially Limits" Mean?
The term "substantially limits" is interpreted broadly under the ADA to make it easier for individuals to establish they have a disability. It does not require an impairment to be permanent, severe, or long-term to be considered substantially limiting.
A crucial aspect clarified by the ADA Amendments Act of 2008 (ADAAA) is that the determination of whether an impairment substantially limits a major life activity must be made without regard to the ameliorative effects of mitigating measures. This means:
- Mitigating Measures Ignored: If a person uses medication, medical equipment, prosthetics, hearing aids, mobility devices, or other assistive technology to manage their condition, these measures are generally not considered when determining if the impairment substantially limits a major life activity. For example, a person with diabetes who controls their blood sugar with insulin still has an impairment that substantially limits an endocrine function, regardless of the medication's effectiveness.
- Episodic or Remission: An impairment that is episodic (occurs in episodes) or in remission (currently not active) is still a disability if it would substantially limit a major life activity when active. Examples include epilepsy, multiple sclerosis, or certain mental health conditions.
The "Record Of" Prong
An individual is also considered to have an ADA disability if they have a history or record of a physical or mental impairment that substantially limited one or more major life activities. This provision protects individuals who have recovered from a disability but might face discrimination due to that history.
Examples of a "Record Of" Disability:
- A person who had cancer that is now in remission.
- An individual who previously received mental health treatment for a condition that substantially limited them.
- Someone with a past heart condition who has fully recovered.
The "Regarded As" Prong
This third prong ensures protection for individuals who are discriminated against because others perceive them as having a disability, even if they do not currently have an impairment that substantially limits a major life activity.
Examples of being "Regarded As" Disabled:
- An employer refusing to hire someone due to a visible scar, believing it would limit their ability to perform job duties, even if the scar causes no actual limitation.
- Someone with a minor, non-limiting condition being treated as if they have a severe disability.
- A person being treated as having a contagious disease, even if they don't or are not infectious.
This prong protects against discrimination based on fear, stereotypes, or misconceptions about a person's health or appearance.
Summary of ADA Disability Criteria
| Criteria | Description | Examples
