Defining disability and the ADA

What is a disability?

Disability is not only diverse, it is part of the human experience and it affects all individuals at some point in their lives, either directly or through a family member or close friend. If you have, or think you have, a disability, it will be important to learn more about the law and your rights.

The Americans with Disabilities Act (ADA) and Amendments Act (ADAAA) provide a specific legal definition of disability:

(A) a physical or mental condition that substantially limits one or more major life activities such as walking, talking, seeing, hearing, or learning;

(B) a record of such an impairment, such as an illness that is in remission; or

(C) being regarded as having such an impairment, even if it is not present.

What is disability discrimination?

Disability discrimination occurs when an employer treats a qualified individual with a disability unfavorably because she or he has a disability. Not everyone with a medical condition is protected by the law. In order to be protected, a person must be qualified for the job and have a disability as defined above.

More resources:

• List of facts about the ADA.
• ADA.gov and ADA National Network offer information and technical assistance on the ADA.
• Employment Rights, Who Has Them and Who Enforces Them and Frequently Asked Questions.
• U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws against discrimination toward job applicants and employees with a disability.
• National Disability Rights Network guards against abuse, advocates for basic rights, and ensures accountability for employment of people with disabilities. Find services in your state.