The following definition is summarized from the Americans with Disabilities Act of 1990 (ADA) in relation to providing employment. The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation. It also mandates the establishment of TDD/telephone relay services.
The definition of disability under the ADA is a physical or mental impairment that substantially limits a major life activity. So when determining whether an employee has a disability, you need to know:
If an impairment is on the EEOC’s list of conditions (see below) and if the condition is not on this list, consider the following questions:
- Consider how limited the employee would be without any mitigating measures (except for glasses and contact lenses).
- If needed, consider the condition, manner, or duration in which an employee performs or, for candidates, would perform a major life activity.
The definition of disability is broad so if you are not sure whether an employee or candidate has a disability, err on the side of caution and process the accommodation request. “EEOC List of Conditions: The following impairments are examples, but not exclusive of impairments that should be easily found to be substantial limiting a major life activity:
- Deafness substantially limits hearing.
- Blindness substantially limits seeing.
- An intellectual disability (formerly mental retardation) substantially limits brain function.
- Partially or completely missing limbs or mobility impairments requiring the use of a wheelchair substantially limit musculoskeletal function.
- Autism substantially limits brain function.
- Cancer substantially limits normal cell growth.
- Cerebral palsy substantially limits brain function.
- Diabetes substantially limits endocrine function.
- Epilepsy substantially limits neurological function.
- Human Immunodeficiency Virus (HIV) infection substantially limits immune function.
- Multiple sclerosis substantially limits neurological function.
- Muscular dystrophy substantially limits neurological function.
- Major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive compulsive disorder, and schizophrenia substantially limit brain function.
You can find more information on our page about disability definition.