Chapter 1: Defining the Target Audience

What is the definition of a disability?

The Americans with Disabilities Act defines an individual with a disability in very specific terms.

The ADA has a three-part definition of "disability." This definition, based on the definition under the Rehabilitation Act, reflects the specific types of discrimination experienced by people with disabilities. Accordingly, it is not the same as the definition of disability in other laws, such as state workers' compensation laws or other federal or state laws that provide benefits for people with disabilities and disabled veterans.

Under the ADA, an individual with a disability is a person who has:

● a physical or mental impairment that substantially limits one or more major life activities; ● a record of such an impairment; or ● is regarded as having such an impairment.

If you insinuate that a person has a disability or treat the person like the person has a disability, you have ”regarded” that the person has such an impairment. We must be careful that when an individual is seeking employment and they tell us they have diabetes that is controlled by diet, for example, we do not automatically regard that person as having a disability if their diabetes does not impair any of their major daily living skills.

An Impairment that Substantially Limits Major Life Activities

The first part of this definition has three major subparts that further define who is and who is not protected by the ADA.

A physical impairment is defined by the ADA as:

"[A]ny physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine."

A mental impairment is defined by the ADA as:

"[A]ny mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities."

Neither the statute nor EEOC regulations list all diseases or conditions that make up "physical or mental impairments," because it would be impossible to provide a comprehensive list, given the variety of possible impairments.

A person's impairment is determined without regard to any medication or assistive device that s/he may use. An impairment under the ADA is a physiological or mental disorder.

1. Does the employee have an impairment? If yes,

2. Does the impairment affect a major life activity? If yes,

3. Does the impairment substantially limit the major life activity?

Examples:

a) A person with epilepsy, who uses medication to control seizures has an impairment, even if the medication reduces the impact of the impairment.

The person may have seizures under control, but a seizure is still a potential possibility. This person is covered under ADA.

b) A person who cannot read due to dyslexia has a disability, but a person who cannot read due to lack of education does not have a disability as the inability to read is not physical, psychological or emotional.

c) Stress and/or depression may be situational and related only to a specific situation and is not a disability. However, stress or depression that is diagnosed by a psychiatrist is a disability that presents an on-going impairment.

d) A person with a contagious disease is an impairment that could or could not qualify as a disability. An employer is not required to hire a person who has a contagious disease that might pose a direct threat to the health of other employers or a safety issue for the person or others.

If an impairment is on the EEOC's list of conditions that are virtually always disabilities,

● Consider how limited the employee would be without any mitigating measures. ○ A person who needs seizure medication, but doesn’t take their medication would be a mitigating circumstance in that without medication, seizures would be frequent. ● Consider how limited the employee is when the impairment is active. ○ During a seizure, a person is not in control of their senses or body. ● If needed, consider the condition, manner, or duration in which an employee performs a major life activity. ○ Example: A person with a seizure disorder may or may not be able to drive a car. The impairment would then be ongoing and require the person to use alternate transportation options.

Major Life Activities

To be a disability covered by the ADA, an impairment must substantially limit one or more major life activities. These are activities that an average person can perform with little or no difficulty. Examples are:

● Walking

● Breathing

● Performing manual tasks ● Seeing ● Speaking

● Hearing ● Learning

● Caring for oneself ● Working

These are examples only. Other activities such as sitting, standing, lifting, or reading are also major life activities

What Are Some Common Hidden Disabilities?

● Psychiatric Disabilities ○ Examples include major depression, bipolar disorder, schizophrenia and anxiety disorders, post-traumatic stress disorder, etc. ● Traumatic Brain Injury ● Epilepsy ● HIV/AIDS ● Diabetes ● Chronic Fatigue Syndrome ● Cystic Fibrosis

See the link below for more information:

http://www.ist.hawaii.edu/training/hiddendisabilities/05_hidden_disabilities.php

An impairment is only a "disability" under the ADA if it substantially limits one or

more major life activities. An individual must be unable to perform or be significantly limited in the ability to perform an activity compared to an average person in the general population. The regulations provide three factors to consider in determining whether a person's impairment substantially limits a major life activity.

● its nature and severity; ● how long it will last or is expected to last; ● its permanent or long-term impact, or expected impact.

Example: A person who is unable to hear and there are no treatments that will remove this impairment, it is permanent, and may require specific accommodations for an individual to a major life activity such as communication.