Since 1990, the Americans with Disabilities Act (ADA), has prohibited discrimination based on disability. This includes employment discrimination.

The ADA was amended in 2008 by the cleverly named Americans with Disabilities Act Amendments Act (yes, the ADAAA).

The ADA prohibits discrimination against qualified individuals with a disability. It also requires employers to provide reasonable accommodations to employees with disabilities. Reasonable accommodations can range from time off from work to making structural changes to the workplace.

So, which employees does the ADA protect?

An individual with a disability is a person who:

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

Let’s break these down.

1. Has a physical or mental impairment that substantially limits one or more major life activities.

Physical or mental impairment:

(i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine; or

(ii) Any mental or psychological disorder, such as an intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Substantially limits:

This one is very complicated and discussed at length in applicable regulations from the EEOC. Generally speaking: An impairment is a disability if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population. An impairment need not prevent, or significantly or severely restrict, the individual from performing a major life activity in order to be considered substantially limiting. Nonetheless, not every impairment will constitute a disability.

Most notably, the regulations provide that:

The term “substantially limits” shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA. “Substantially limits” is not meant to be a demanding standard.

Major life activities:

Major life activities include, but are not limited to: 

(i) Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working; and

(ii) The operation of a major bodily function, including functions of the immune system, special sense organs and skin; normal cell growth; and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions. The operation of a major bodily function includes the operation of an individual organ within a body system.

Here again, the EEOC’s regulations note that:

The term “major” shall not be interpreted strictly to create a demanding standard for disability. Whether an activity is a “major life activity” is not determined by reference to whether it is of “central importance to daily life.”

2. Has a record of such an impairment.

An individual has a record of a disability if the individual has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

3. Is regarded as having such an impairment.

An individual is “regarded as having such an impairment” if the individual is subjected to a prohibited action because of an actual or perceived physical or mental impairment, whether or not that impairment substantially limits, or is perceived to substantially limit, a major life activity.

Prohibited actions include but are not limited to refusal to hire, demotion, placement on involuntary leave, termination, exclusion for failure to meet a qualification standard, harassment, or denial of any other term, condition, or privilege of employment.

The Scope of Disability Is Broad Under the ADAAA

The 2008 amendments did not change the definition of disability itself. However, they did expand the scope of the components of the definition. As a result, the ADA now protects many more employees than it originally did.

State and laws, such as the New York State and New York City Human Rights Laws, may also afford protections to employees with disabilities.

Accordingly, employers must proceed with caution in managing employees with known or perceived disabilities.

Check out my post on 27 Situations Where Your Business Needs an Employment Lawyer.