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'' from discrimination in job application procedures; hiring; advancement; discharge; compensation; job training; and other terms, conditions, and privileges of employment. 42 U.S.C. § 12112(a). To be protected by the ADA, a person must meet the definition of the term ''qualified individual with a disability'' as defined by the Act and implementing regulations. This Compliance Manual section discusses the ADA definition of the term ''disability.'' A major part of the inquiry in an ADA charge often will be the determination of whether the charging party is protected by the Act. This determination frequently requires more extensive analysis than does the determination of whether a person is protected by other nondiscrimination statutes. For example, it is generally clear whether a person is of a particular race, national origin, age, or sex that is alleged to be the basis of discrimination. By contrast, it often is less clear whether a person's physical or mental condition constitutes an impairment of sufficient degree to establish that the person meets the statutory definition of an individual with a ''disability.'' The definition of ''disability'' under the ADA reflects the intent of Congress to prohibit the specific forms of discrimination that persons with disabilities face. While individuals with disabilities may experience the types of discrimination that confront other groups, they also may encounter unique forms of discrimination because of the nature of their disabilities and the effect that their present, past, or perceived conditions have on other persons. The purpose of the ADA is to eliminate discrimination that confronts individuals with disabilities. Since the definition of the term ''disability'' under the ADA is tailored to the purpose of eliminating discrimination prohibited by the ADA, it may differ from the definition of ''disability'' in other laws drafted for other purposes. For example, the definition of a ''disabled veteran'' is not the same as the definition of an individual with a disability under the ADA. Similarly, an individual might be eligible for disability retirement but not be an individual with a disability under the ADA. Conversely, a person who meets the ADA definition of ''disability'' might not meet the requirements for disability retirement.