• A disability is an impairment that substantially limits, or limited, one or more major life activities.
• There are rules of construction employers should follow when determining whether an impairment is substantially limiting.

An impairment is a disability under the Americans with Disabilities Act (ADA) if it substantially limits, or limited, one or more major life activities. The issue is whether an impairment substantially limits a major life activity of the person in question, not whether the impairment is substantially limiting in general. Not every impairment affects an individual’s life to the extent that it is a substantially limiting impairment. An infected finger, for example, is a minor impairment, but generally not a disability.

When determining whether an impairment substantially limits a major life activity, employers should follow the following rules of construction:

• Apply the term “substantially limits” broadly in favor of expansive coverage. Do not spend much effort on it.
• Significant or severe restriction is not required. 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.
  • This means as compared to other people in the general population, not to those similarly situated. For example, the ability of an individual with an amputated limb to perform a major life activity is compared to other people in the general population, not to other amputees.
  • Scientific, medical, or statistical analyses shouldn’t be needed to determine whether someone can perform a major life activity compared to most people in the general population, but may be used where appropriate.
  • Employers’ primary focus should be whether they have complied with their obligations and if discrimination has occurred, not whether an impairment substantially limits a major life activity. An extensive analysis is not necessary.
• Employers will need to perform an individualized assessment to determine whether an impairment substantially limits a major life activity.
  • Individuals do not need to be substantially limited in more than one major life activity.
  • Don’t consider mitigating measures (other than ordinary eyeglasses or contact lenses) when making a determination. It doesn’t matter if an individual chooses to forgo mitigating measures.
• It doesn’t matter if the impairment is episodic or in remission. These are disabilities if they would substantially limit a major life activity when active. Some examples include:
  • Migraines, which can be episodic, and,
  • Cancers, which can go into remission.
• Effects of an impairment lasting fewer than six months can be substantially limiting. Impairments lasting only a short period of time may be covered if sufficiently severe.

Generally, it is the effect of an impairment or condition on a particular person’s life, not the name, that determines whether a person is protected by the ADA. Some impairments, such as blindness, deafness, or HIV infection, are by their nature substantially limiting. But many other impairments may be disabling for some individuals but not for others, depending on the impact on their activities.

Medical documentation may help determine the extent to which a physical or mental impairment limits an individual’s major life activities when an impairment or need for an accommodation is not obvious. Often, medical documentation describes the restrictions that an impairment places on an individual, such as stating that the individual may not lift objects weighing more than a few pounds, cannot walk unassisted, or cannot hear. Please note that medical inquiries are restricted under the ADA, and the information is considered confidential.