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Accuracy of Employer’s Perception Not At Issue Accuracy of Employer’s Perception Not At Issue The legislative history to the Act makes clear that the individual does not have to demonstrate that the employer's perception is wrong. As... Analyzing Substantially Limits Requirement Analyzing Substantially Limits Requirement When analyzing the degree of limitation, one must remember that the determination of whether an impairment substantially limits a major life activity... Chronic Conditions Constituting Substantially Limiting Impairment Chronic Conditions Constituting Substantially Limiting Impairment Some chronic conditions may constitute substantially limiting impairments. Such conditions may be substantially limiting... compulsive gambling, kleptomania, or pyromania compulsive gambling, kleptomania, or pyromania compulsive gambling, kleptomania, or pyromania are not disabilities under ADA. ... Conditions That Are Not Impairments Conditions That Are Not Impairments (1) Statutory and Legislative History Exceptions The statute and the legislative history specifically state that certain conditions are not... Criteria That Does Not Regard As Having Impairment For Working Criteria That Does Not Regard As Having Impairment For Working On the other hand, an employer that disqualifies an individual from employment on the basis of a criterion that does not pertain to... DEFINITION OF THE TERM ''DISABILITY'' Title I of the Americans with Disabilities Act, 42 U.S.C. §§ 12101, prohibits employment discrimination on the basis of disability. The ADA protects a qualified individual with a ''disability''... Determination Of Disability For Individual With Disability Under Other Laws Determination Of Disability For Individual With Disability Under Other Laws An individual who has a record of a disability under other laws or regulations does not necessarily have a record of... Determining Impairment Determining Impairment The first step in investigating whether a charging party has a disability is investigating whether (s)he has an impairment, has a record of an impairment, or is regarded... Determining whether an employer regards an individual as having an impairment that substantially limits major life activities Determining whether an employer regards an individual as having an impairment that substantially limits major life activities To determine whether an employer regards an individual as having... Determining Whether Employer Regards Individual As Substantially Limited In Working Determining Whether Employer Regards Individual As Substantially Limited In Working To determine whether an employer regards an individual as substantially limited in working, one must... Directing the Inquiry to Employer When Regarding Disabilty Directing the Inquiry to Employer When Regarding Disabilty In contrast to the first two parts of the statutory definition of the term ''disability,'' this part of the definition is directed... Duration and Impact of Impairment Duration and Impact of Impairment One of the factors that may be relevant to whether an impairment is substantially limiting is the duration of the impairment. The length of time that... Duration Of Impairment as a Factor To Determine Substantially Limiting Duration Of Impairment as a Factor To Determine Substantially Limiting Generally, conditions that last for only a few days or weeks and have no permanent or long-term effects on an... Duration Of Impairment to Determine Substantially Limiting Duration Of Impairment to Determine Substantially Limiting Duration of an impairment does not, by itself, determine whether the impairment substantially limits an individual's major... Effect of Excluded Condition On Disability Determination Effect of Excluded Condition On Disability Determination A person who alleges disability based on one of the excluded conditions is not an individual with a disability under the ADA.... Effect of Mitigating Measures In Determining Impairment Effect of Mitigating Measures In Determining Impairment The determination of whether a condition constitutes an impairment must be made without regard to mitigating measures. The availability... Employer’s Treatment of the Individual as a Factor In determining Whether Employer Regarded Individual As Having Substantially Limiting Impairment Employer’s Treatment of the Individual as a Factor In determining Whether Employer Regarded Individual As Having Substantially Limiting Impairment Further, the investigator should... Example 1 Of Effect Of Mitigating Measures On Determination of Impairment Example 1 Of Effect Of Mitigating Measures On Determination of Impairment: CP, who has schizophrenia, takes medication to control the disorder. With medication, CP can function well in his... Example 1 Of Impairment: Example 1 Of Impairment: Claimant (CP) has been unemployed for two years. Although she has actively sought work, CP has not been able to find a job. CP asserts that employers will not hire... Example 1 of Impairments Substantially Limiting Ability to Work: Example 1 of Impairments Substantially Limiting Ability to Work: CP has a hearing impairment that only mildly affects his ability to hear. The impairment, however, makes CP extremely sensitive... Example 1 of Individuals with Record Of Drug Use Example 1 of Individuals with Record Of Drug Use: Several years ago, CP was hospitalized for treatment for a cocaine addiction. He has been rehabilitated successfully and has not engaged in... Example 1 of Record of an Impairment that Substantially Limits Major Life Activities Example 1 of Record of an Impairment that Substantially Limits Major Life Activities: For several years, CP was twenty- to-thirty pounds beyond the target weight for men of his height and... Example 1 of Regarded As Substantially Limited IN Working Example 1 of Regarded As Substantially Limited IN Working: CP is an industrial painter who has extensive experience painting factories, warehouses, aircraft hangars, and other large structures.... Example 1 Of Substantial Limitation of Major Life Activities. Example 1 Of Substantial Limitation of Major Life Activities. Claimant (CP) alleges that her employer discriminated against her on the basis of disability. She defines her disability as a... Example 1 of substantially Limiting. Example 1 of substantially Limiting. Claimant (CP) has a permanent knee impairment that causes him pain when he walks for extended periods. He can walk for ten miles at a time without... Example 1 of Temporary Impairment Example 1 of Temporary Impairment: CP has laryngitis. It is very painful for her to speak, and she cannot talk above a whisper when she does speak. Her physician has prescribed medication for... Example 1 of Temporary Impairments With Residual Effects Example 1 of Temporary Impairments With Residual Effects: CP sustained a head injury in an automobile accident. He felt dizzy and disoriented immediately after the accident and was... Example 1 of Unimpaired Persons Regarded as Having Substantially Limiting Impairments Example 1 of Unimpaired Persons Regarded as Having Substantially Limiting Impairments: R refuses to consider CP for a position as a lifeguard because R believes that CP has a serious heart... Example 1 Substantial Limitation of Major Life Activity of Working : Example 1 Substantial Limitation of Major Life Activity of Working : CP is a computer programmer. She develops a vision impairment that does not substantially limit her ability to see but... Example 2 Example 1 Substantial Limitation of Major Life Activity of Working: Example 2 Example 1 Substantial Limitation of Major Life Activity of Working: Same as Example 1, above, except CP's vision impairment does not interfere with her ability to distinguish characters... Example 2 Of Effect Of Mitigating Measures On Determination of Impairment Example 2 Of Effect Of Mitigating Measures On Determination of Impairment: CP has systemic lupus, which often results in acute anemia and arthritis-like symptoms. CP's physician has... Example 2 of Impairment: Example 2 of Impairment: Claimant (CP) applies for a job as a cashier at his neighborhood supermarket. The store manager speaks with CP briefly and then asks CP to fill out a written job... Example 2 of Impairments Substantially Limiting Ability to Work: Example 2 of Impairments Substantially Limiting Ability to Work: CP has a hearing impairment that does not significantly restrict his ability to hear but does make him very sensitive to sound at... Example 2 of Individuals with Record Of Drug Use Example 2 of Individuals with Record Of Drug Use: Three years ago, CP was arrested and convicted of the possession of cocaine. He had used the substance occasionally, perhaps three or four times... Example 2 of Record of an Impairment that Substantially Limits Major Life Activities Example 2 of Record of an Impairment that Substantially Limits Major Life Activities: CP was recently hospitalized for appendicitis. She underwent a routine appendectomy, was hospitalized for... Example 2 of Regarded As Substantially Limited IN Working Example 2 of Regarded As Substantially Limited IN Working: CP is a warehouse worker whose duties include loading and unloading vehicles, moving heavy boxes from one part of the warehouse to... Example 2 Of Substantial Limitation of Major Life Activities. Example 2 Of Substantial Limitation of Major Life Activities. Claimant (CP) has a mild form of Type II, non- insulin-dependent diabetes. She does not need to take insulin or other medication, and... Example 2 of Substantially Limiting Example 2 of Substantially Limiting: Claimant (CP), who has sickle cell anemia, frequently experiences severe back and joint pain. As a result of the sickle cell disease, CP often cannot walk... Example 2 of Temporary Impairment Example 2 of Temporary Impairment: CP sustains a compound fracture of her arm and must undergo surgery to set the bone. She is hospitalized for one week and will have a cast on her arm for... Example 2 of Temporary Impairments With Residual Effects Example 2 of Temporary Impairments With Residual Effects: Same as Example 1, above, except CP sustained a serious concussion that resulted in permanent brain damage. Because of this, CP has... Example 2 of Unimpaired Persons Regarded as Having Substantially Limiting Impairments Example 2 of Unimpaired Persons Regarded as Having Substantially Limiting Impairments: CP and her spouse have recently completed couples counseling by a clinical psychologist in an effort to... Example 3 Of Effect Of Mitigating Measures On Determination of Impairment Example 3 Of Effect Of Mitigating Measures On Determination of Impairment: CP's right leg was amputated below the knee. Using a prosthesis, he can walk for a long distance without discomfort. CP... Example 3 of Impairment: Example 3 of Impairment: Same as Example 2, above, except CP cannot read because he has a severe form of dyslexia. CP has an impairment as defined by the ADA. Dyslexia, a learning disability, is... Example 3 of Impairments Substantially Limiting Ability to Work: Example 3 of Impairments Substantially Limiting Ability to Work: CP has an impairment that requires radiation therapy, which results in an abnormal rate or degree of exhaustion. CP becomes very... Example 3 of Individuals with Record Of Drug Use Example 3 of Individuals with Record Of Drug Use: CP applies for a job with R, which requires job applicants to undergo a test to determine the current illegal use of drugs. CP's drug test... Example 3 of Record of an Impairment that Substantially Limits Major Life Activities Example 3 of Record of an Impairment that Substantially Limits Major Life Activities: CP was convicted several times of shoplifting. He received treatment for kleptomania and has recovered from... Example 3 of Regarded As Substantially Limited IN Working Example 3 of Regarded As Substantially Limited IN Working: CP, a bank teller, has a mild form of clinically diagnosed depression. The depression does not substantially limit any of CP's major... Example 3 Of Substantial Limitation of Major Life Activities. Example 3 Of Substantial Limitation of Major Life Activities. Claimant (CP) has a mild form of Type II, non- insulin-dependent diabetes and the condition requires CP to follow a strict regimen.... Example 3 of Temporary Impairment Example 3 of Temporary Impairment: CP has nodes on his vocal chords. His doctor has told CP that he must rest his vocal chords and that he will lose his ability to speak unless he refrains... Example 3 of Unimpaired Persons Regarded as Having Substantially Limiting Impairments Example 3 of Unimpaired Persons Regarded as Having Substantially Limiting Impairments: CP has high normal blood pressure. Her blood pressure is within ''normal'' range, and she does not... Example 4 of Impairment: Example 4 of Impairment: Claimant (CP), who is sixty-three, has osteoporosis. The osteoporosis, a reduction in bone quantity, is an impairment as defined by the ADA. CP's age, sixty-three, is not... Example 4 of Individuals with Record Of Drug Use Example 4 of Individuals with Record Of Drug Use: Same as Example 3, above, except the personnel manager tells CP that the test came back showing marijuana use and that R will not hire CP... Example 4 of Regarded As Substantially Limited IN Working Example 4 of Regarded As Substantially Limited IN Working: CP applies for a job as a laborer at R's construction site. A post-offer medical examination reveals that CP has a congenital back... Example 4 of Temporary Impairment Example 4 of Temporary Impairment: CP recently was released from the hospital following a ten-month stay for treatment for a mood disorder. The disorder significantly restricted CP's ability... Example 4 of Unimpaired Persons Regarded as Having Substantially Limiting Impairments Example 4 of Unimpaired Persons Regarded as Having Substantially Limiting Impairments: CP had abdominal surgery a few years ago to treat a hernia. The hernia was fully corrected, and CP has... Example 5 of Temporary Impairment: Example 5 of Temporary Impairment: CP recently was diagnosed as having Guillain-Barre syndrome, a neurological disorder of unknown origin. As a result of the condition, she cannot walk. Her... Example 6 of Temporary Impairment: Example 6 of Temporary Impairment: CP fractured her left ankle as the result of a skiing accident. Immediately after the accident, she underwent surgery on her ankle. She was hospitalized for... Example 7 of Temporary Impairment Example 7 of Temporary Impairment: Same as Example above, except the surgery was not successful. Although CP can now walk unaided, she can do so only for three to five minutes without... Example of Being Regarded as Disabled Example of Being Regarded as Disabled Many people are rejected from jobs because a back x-ray reveals some anomaly, even though the person has no symptoms of a back impairment. The reasons... Example of History of Impairment Example of History of Impairment: CP, who is thirty, had a severe form of depression when he was in his early twenties. He lost his appetite, could not sleep, was always tired, and rarely left... Example of Long Term Temporary Impairments Example of Long Term Temporary Impairments: CP sustains a broken leg. Although broken legs generally heal within a few months, CP's leg will require eleven months to heal. CP will be unable to... Example of Multiple Impairments Example of Multiple Impairments: CP has a mild form of arthritis in her wrists and hands and a mild form of osteoporosis (a reduction in bone quantity). Neither impairment, by itself,... Example of Persons Who Are Substantially Limited as a Result of Others' Attitudes Example of Persons Who Are Substantially Limited as a Result of Others' Attitudes: CP, who has a facial scar that runs from the base of his left ear to his chin, applies for a job as a... Example of Persons with Impairments Regarded as Substantially Limiting Example of Persons with Impairments Regarded as Substantially Limiting: CP has a mild form of strabismus (crossed eyes). The impairment only slightly affects CP's ability to see. CP's... Example of Regarding An Individual As Having Impairment Example of Regarding An Individual As Having Impairment: CP's genetic profile reveals an increased susceptibility to colon cancer. CP is currently asymptomatic and may never in fact develop... Factors to Determine Substantially Limiting Factors to Determine Substantially Limiting As the Commission's regulation notes, a number of factors may help to determine whether an individual is substantially limited in working. Although... History of an Impairment History of an Impairment The term ''disability'' covers persons who have recovered from substantially limiting physical or mental impairments. Examples of persons who would fall under this... Impairment and Disability Impairment and Disability The person claiming to be an individual with a disability as defined by the first part of the definition must have an actual impairment. If the person does not have... Impairment as the Test Impairment as the Test A person has a disability only if his/her limitations are, were, or are regarded as being the result of an impairment. It is essential, therefore, to distinguish... Impairments Not Constituting Substantially Limiting Impairments Not Constituting Substantially Limiting By contrast, a severe allergy to the peculiar type or amount of dust found within one office is not an impairment that substantially limits... Individuals with Record Of Drug Use Individuals with Record Of Drug Use Although the ADA excludes individuals currently engaging in the illegal use of drugs, it does not exclude individuals who have a record of such use or who... Long Term Temporary Impairments Long Term Temporary Impairments Sometimes a temporary impairment that usually is not substantially limiting because it generally heals within a few weeks will take longer than the normal... Major Life Activities Impaired Major Life Activities Impaired For an impairment to rise to the level of a disability, it must substantially limit, have previously substantially limited, or be perceived as... Misclassified as Having an Impairment Misclassified as Having an Impairment The term ''disability'' covers persons who are not, and may have never actually been, impaired but nonetheless have been misclassified as having... Multiple Impairments Multiple Impairments An individual may have two or more impairments that are not substantially limiting by themselves but that together substantially limit one or more major life activities.... Number and Type Of Job as Factors to Determine Substantially Limiting Number and Type Of Job as Factors to Determine Substantially Limiting The reference to the ''number and types'' of jobs is not meant to require an onerous evidentiary showing. The reference... Other Impairments constituting Substantial Limitation Other Impairments constituting Substantial Limitation Impairments that preclude an individual from performing a broad range of jobs in various classes also may substantially limit the major... Persons Who Are Substantially Limited as a Result of Others' Attitudes Persons Who Are Substantially Limited as a Result of Others' Attitudes This subpart covers individuals who have stigmatic conditions that constitute physical or mental impairments but that... Persons with Impairments Regarded as Substantially Limiting Persons with Impairments Regarded as Substantially Limiting This subpart of the regulatory definition covers individuals who have impairments that do not substantially limit major... Physical Characteristics and Impairment Physical Characteristics and Impairment Simple physical characteristics are not impairments under the ADA. For example, a person cannot claim to be impaired because of blue eyes or black... Pregnancy and Impairment Pregnancy and Impairment Because pregnancy is not the result of a physiological disorder, it is not an impairment. Complications resulting from pregnancy, however, are impairments. ... Psychoactive substance use disorders resulting from current illegal use of drugs. Psychoactive substance use disorders resulting from current illegal use of drugs. The term ''illegal use of drugs'' refers to drugs whose possession or distribution is unlawful under the... Record of an Impairment that Substantially Limits Major Life Activities Record of an Impairment that Substantially Limits Major Life Activities The second part of the statutory definition of the term ''disability'' applies to persons who have a record of... Regarded as Having a Substantially Limiting Impairment Regarded as Having a Substantially Limiting Impairment The third part of the statutory definition of the term ''disability'' applies to individuals who are regarded as having impairments... Regarded as Substantially Limited in the Major Life Activity of Working Regarded as Substantially Limited in the Major Life Activity of Working If an individual is not regarded as having an impairment that substantially limits any other major life activities... Regulatory Definition of Impairment Regulatory Definition of Impairment A physical or mental impairment means (1) Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more... Regulatory Definition Of Major Life Activities Regulatory Definition Of Major Life Activities Commission regulations define the term ''major life activities'' to mean ''functions such as caring for oneself, performing manual tasks,... Regulatory Definition of Regarded As Having An Impairment Regulatory Definition of Regarded As Having An Impairment -- An individual is covered by this part of the definition if (s)he (1) [h]as a physical or mental impairment that does... Regulatory Definition Of Substantially Limits Regulatory Definition Of Substantially Limits Commission regulations define the term ''substantially limits'' and outline factors to consider when determining whether an impairment... Sexual Deviance Not Disability Sexual Deviance Not Disability Ttransvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual... Statutory Definition of Disability Statutory Definition of Disability With respect to an individual, the term ''disability'' means (A) a physical or mental impairment that substantially limits one or more of the major... Statutory Exceptions to the Definition of ''Disability'' Statutory Exceptions to the Definition of ''Disability'' The statute specifies that certain conditions are not disabilities covered by the ADA. Since homosexuality and bisexuality are... Steps To Determine Regarded As Having Impairment Steps To Determine Regarded As Having Impairment To determine whether a respondent regards a charging party as having an impairment that substantially limits the major life activity of... Substantial Limitation of Major Life Activities Generally Substantial Limitation of Major Life Activities Generally In most cases, a careful, case-by- case analysis is necessary to determine whether an impairment substantially limits any of a... Substantial Limitation of Major Life Activity of Working Substantial Limitation of Major Life Activity of Working One need not determine whether an impairment substantially limits an individual's ability to work if the impairment substantially... Substantially Limited in a Class of Jobs Substantially Limited in a Class of Jobs An assessment of whether an impairment substantially limits an individual's ability to work focuses on whether the individual is significantly... Substantially Limits Requirements Substantially Limits Requirements The term ''substantially limits'' is a comparative term that implies a degree of severity and duration. The primary focus here is on the extent to which... Summary of Factors Determining Impairments Constituting Disability Summary of Factors Determining Impairments Constituting Disability In sum, relatively brief and transitory illnesses or injuries that have no permanent or long-term effects on an... Summary Of Investigation Procedures to Determine Disability Summary Of Investigation Procedures to Determine Disability To determine whether a charging party is protected by the ADA, the EEOC investigator initially should determine why the charging... Temporary Impairments With Residual Effects Temporary Impairments With Residual Effects In some cases, an impairment that appears to be temporary may have residual effects. That is, the impairment may have a long-term impact on... Temporary Injuries and Substantially Limiting Temporary Injuries and Substantially Limiting A employee who incurs a knee injury that requires surgery is not an individual with a disability. Evans v. City of Dallas. Although the injury... Unimpaired Persons Regarded as Having Substantially Limiting Impairments Unimpaired Persons Regarded as Having Substantially Limiting Impairments This subpart covers persons who have no actual physical or mental impairments but nonetheless are treated as... When Mitigating Measures Do Not Alter Impairment When Mitigating Measures Do Not Alter Impairment Further, the extent to which the impairment limits the individual's major life activities should be assessed without regard to the availability... Why Include Persons Regarded As Having a Substantially Limiting Impairment Why Include Persons Regarded As Having a Substantially Limiting Impairment The inclusion of persons regarded as having a substantially limiting impairment reflects Congressional intent to... |
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