Congress passed the Americans with Disabilities Act of 1990 to protect persons with physical or mental disabilities from discrimination. Under the Act, a person is "disabled" if he or she has a ''a physical or mental impairment that substantially limits one or more major life activities.'' Although several other requirements must be met before a disabled employee is protected under the Act, the establishment of a disability is the first step.
Examples of disabilities: severe hearing or visual impairments, AIDS, paralysis, specific learning disabilities, mental retardation
Examples of conditions that are not disabilities: pregnancy, compulsive gambling, flu, sprained ankle, obesity not related to a glandular disorder
What is a physical or mental impairment?
Although the Act does not exhaustively list those conditions that qualify as impairments, federal regulations clarify that a "physical or mental impairment" includes physiological disorders or conditions, cosmetic disfigurements, anatomical losses, or mental or psychological disorders.
Conditions that are of a short duration or that do not result from a chronic medical disorder are generally not covered by the Act. The Act also specifically excludes psychological disorders that could lead to unlawful conduct, as well as disabilities resulting from illegal drug use.
What does it mean to substantially limit a major life activity?
Although the Act does not define what it means to "substantially limit" a major life activity, federal regulations again provide some guidance. Whether an impairment "substantially limits" a major life activity is measured against the abilities of an "average" person. Such determinations are made on a case-by-case basis. Considerations include:
- The severity and nature of the impairment;
- The duration of the impairment; and
- The long-term impact of the impairment.
What qualifies as a major life activity?
Federal regulations do not provide an exhaustive list of "major life activities." They do, however, provide some guidance. Some "major life activities," as established by the regulations, include:
- Walking,
- Sitting,
- Standing,
- Speaking,
- Seeing,
- Hearing,
- Learning,
- Performing manual tasks,
- Breathing, and
- Caring for oneself.
Copyright 2009 LexisNexis, a division of Reed Elsevier Inc.
