Understanding whether your condition qualifies as a disability under the Americans with Disabilities Act (ADA) is often the first critical step in accessing workplace protections and accommodations. The definition of “disability” under the law has evolved significantly since the ADA’s inception, becoming more inclusive following important amendments in 2008.
At Nisar Law Group, we regularly help clients navigate the complexities of disability qualification under the ADA. Many people are surprised to learn that conditions they’ve been managing privately may entitle them to workplace accommodations and protections from discrimination.
This article explains the legal definition of disability, the types of conditions typically covered, how courts interpret the law, and what to do if you believe your condition qualifies for protection.
Disclaimer: This article provides general information for informational purposes only and should not be considered a substitute for legal advice. It is essential to consult with an experienced employment lawyer at our law firm to discuss the specific facts of your case and understand your legal rights and options. This information does not create an attorney-client relationship.
The Legal Definition of Disability Under the ADA
The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. This seemingly straightforward definition contains several key components that require careful examination.
The Three-Pronged Definition
Under the ADA, you’re considered to have a disability if you meet any one of these three criteria:
- You have a physical or mental impairment that substantially limits one or more major life activities
- This is the primary definition most people think of when considering disabilities
- Covers current, active conditions affecting daily functioning
- You have a record of such an impairment
- Protects people with a history of disability, even if not currently active
- Examples include someone with a history of cancer in remission or a person with a past psychiatric hospitalization
- You are regarded as having such an impairment
- Protects against discrimination based on an employer’s perception that you have a disability
- Applies even if you don’t actually have a limiting condition
- Note: While this protects against discrimination, it doesn’t create entitlement to accommodations
This three-pronged approach extends protection beyond those with obvious, visible disabilities to include people with past conditions and those facing bias based on perceived disabilities.
The ADA Amendments Act of 2008: A Turning Point
The ADA Amendments Act (ADAAA) of 2008 significantly expanded the definition of disability following several Supreme Court decisions that had narrowly interpreted the original ADA. The ADAAA directed courts to provide “broad coverage” and made several critical changes to how “disability” is interpreted:
- The term “substantially limits” should be construed broadly in favor of coverage
- An impairment need only substantially limit one major life activity to qualify
- Episodic conditions or those in remission qualify if they would substantially limit a major life activity when active
- Mitigating measures (except ordinary eyeglasses or contact lenses) cannot be considered when determining if an impairment is substantially limiting
- The determination of disability should not demand extensive analysis
The ADAAA’s expansive approach shifted focus from whether someone meets the definition of “disability” to whether discrimination occurred. This has made it significantly easier for individuals to establish coverage under the ADA and focus on addressing workplace discrimination.
Unpacking "Major Life Activities"
The ADA and its amendments provide an extensive, non-exhaustive list of “major life activities.” Understanding these helps determine whether your condition substantially limits activities that qualify for protection.
Physical Activities
Major life activities include basic physical functions such as:
- Walking, standing, sitting, or bending
- Lifting, reaching, or manual tasks
- Seeing, hearing, speaking, or breathing
- Eating, sleeping, or self-care
- Operating major bodily functions
A physical impairment that substantially limits any of these activities may qualify as a disability, even if other physical functions remain unaffected.
Mental and Cognitive Activities
The law recognizes that disabilities can affect mental and cognitive functions, including:
- Learning, reading, concentrating, or thinking
- Communicating or interacting with others
- Processing information or problem-solving
- Brain functions and neurological activities
For example, conditions like dyslexia, ADHD, or autism spectrum disorder may substantially limit activities like reading, concentrating, or social interaction, qualifying them as disabilities under the ADA.
Major Bodily Functions
The ADAAA explicitly added major bodily functions to the list of major life activities, including:
- Functions of the immune system
- Normal cell growth
- Digestive, bowel, and bladder functions
- Neurological and brain functions
- Respiratory and circulatory functions
- Endocrine functions
- Reproductive functions
This addition clarified that conditions affecting internal body systems—like autoimmune disorders, cancer, or diabetes—qualify as disabilities, even when external physical activities aren’t obviously limited.
Understanding "Substantially Limits"
The phrase “substantially limits” is crucial to the disability definition but has been subject to different interpretations over time. The ADAAA clarified this standard to be more inclusive.
The Current Standard
Following the ADAAA, “substantially limits” is interpreted according to these principles:
- The comparison is to “most people in the general population”
- The limitation need not prevent or severely restrict the activity
- The focus is on how difficult, painful, or time-consuming the activity is compared to most people
- The limitation is determined without considering mitigating measures like medication or devices (except ordinary eyeglasses)
- The condition need only substantially limit one major life activity, not multiple activities
This broader interpretation means that many more conditions qualify as disabilities than under previous, more restrictive standards. Courts now focus on whether discrimination occurred rather than engaging in extensive analysis of whether someone meets the definition of disability.
The Mitigating Measures Rule
One of the most significant changes from the ADAAA is that mitigating measures cannot be considered when determining if an impairment substantially limits a major life activity. This means:
- Medication effects are disregarded (evaluate the condition when untreated)
- Assistive technology is not considered (evaluate without devices)
- Compensatory strategies or learned behavioral modifications are ignored
- Reasonable accommodations or auxiliary aids are not factored in
For example, a person with epilepsy controlled by medication still has a disability under the ADA, even if the medication prevents seizures. A person with hearing loss has a disability, even if hearing aids significantly improve their hearing.
The only exceptions to this rule are ordinary eyeglasses or contact lenses, which are considered when determining if a vision impairment substantially limits seeing.
Episodic Conditions and Conditions in Remission
The ADAAA clarified that conditions that are episodic or in remission qualify as disabilities if they would substantially limit a major life activity when active. This is particularly important for conditions like:
- Multiple sclerosis with relapsing-remitting patterns
- Epilepsy with occasional seizures
- Psychiatric conditions with periodic exacerbations
- Cancer in remission
- Autoimmune disorders with flare-ups
For these conditions, the analysis focuses on the impact during active periods, not during periods of remission or between episodes.
Common Conditions That May Qualify as Disabilities
While disability determinations are individualized, many conditions typically qualify under the ADA’s current interpretation. Understanding these categories can help you assess whether your condition might be covered.
Physical Health Conditions
Physical health conditions that commonly qualify include:
Mobility and Orthopedic Impairments
- Paralysis, amputation, or muscular dystrophy
- Arthritis and joint disorders
- Back and spinal disorders
- Cerebral palsy
- Mobility limitations requiring assistive devices
Sensory Impairments
- Visual impairments and blindness
- Hearing impairments and deafness
- Speech disorders
Chronic Health Conditions
- Diabetes
- Epilepsy and seizure disorders
- Heart disease and cardiovascular conditions
- Respiratory conditions like asthma and COPD
- Cancer (current or in remission)
- HIV/AIDS
- Multiple sclerosis
- Chronic fatigue syndrome
- Fibromyalgia
These physical health conditions typically limit major life activities or bodily functions in ways that qualify them as disabilities, though the specific impact varies by individual.
Mental Health Conditions
Mental health conditions that commonly qualify include:
Mood Disorders
- Major depression
- Bipolar disorder
- Persistent depressive disorder
- Seasonal affective disorder
Anxiety Disorders
- Generalized anxiety disorder
- Panic disorder
- Social anxiety disorder
- Obsessive-compulsive disorder
- Post-traumatic stress disorder (PTSD)
Other Psychiatric Conditions
- Schizophrenia and other psychotic disorders
- Eating disorders
- Personality disorders
Mental health conditions can substantially limit thinking, concentrating, interacting with others, sleeping, and other major life activities. With the ADAAA’s broader interpretation, more mental health conditions clearly qualify as disabilities.
Cognitive and Neurological Conditions
Cognitive and neurological conditions that commonly qualify include:
Learning Disabilities
- Dyslexia
- Dyscalculia
- Dysgraphia
- Processing disorders
Neurodevelopmental Disorders
- Attention deficit hyperactivity disorder (ADHD)
- Autism spectrum disorders
- Intellectual disabilities
Neurological Conditions
- Traumatic brain injury
- Stroke effects
- Migraine disorders
- Epilepsy
- Parkinson’s disease
- Multiple sclerosis
These conditions typically limit learning, thinking, concentrating, brain function, and other major life activities covered under the ADA.
Emerging or Contested Conditions
Some conditions have faced more variable treatment by courts and employers, though the ADAAA has generally expanded coverage for these conditions as well:
Substance Use Disorders
- Alcoholism is covered (though current illegal drug use is not protected)
- Past drug addiction that has been successfully rehabilitated is covered
- Current participation in drug rehabilitation programs may be protected
“Invisible” Disabilities
- Chronic fatigue syndrome
- Fibromyalgia
- Multiple chemical sensitivity
- Chronic pain conditions
- Post-COVID conditions (Long COVID)
Temporary Conditions
- Generally not covered if brief and with little long-term impact
- May qualify if sufficiently severe and longer duration
- Complications from temporary conditions may qualify if they cause substantial limitations
The more expansive view promoted by the ADAAA has generally increased protection for these contested or emerging conditions, though some variation in court interpretations remains.
When the ADA Might Not Cover Your Condition
Despite the ADA’s broader coverage following the ADAAA, some conditions or situations may still fall outside its protection.
Current Illegal Drug Use
The ADA explicitly states that a person currently engaging in illegal drug use is not protected under the definition of disability. However:
- People with past drug addiction who are not currently using illegal drugs are protected
- People participating in drug rehabilitation programs may be protected
- Alcoholism (including current alcoholism) can qualify as a disability, though employers may prohibit alcohol use in the workplace
Temporary or Non-Chronic Conditions
Conditions that are both temporary and minor typically don’t qualify as disabilities. Examples might include:
- Standard pregnancy without complications (though pregnancy-related impairments may qualify)
- Broken bones with expected complete healing
- Common cold or seasonal flu
- Minor sprains or injuries with short recovery periods
However, the duration of an impairment is just one factor, and a condition expected to last less than six months can still qualify if it substantially limits a major life activity while it lasts.
Certain Specifically Excluded Conditions
The ADA explicitly excludes certain conditions from the definition of disability:
- Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, and other sexual behavior disorders
- Compulsive gambling, kleptomania, or pyromania
- Psychoactive substance use disorders resulting from current illegal drug use
It’s important to note that some of these exclusions have been challenged or reinterpreted through subsequent court decisions or regulatory guidance, particularly regarding gender identity.
Personality Traits and Normal Variations
General personality traits or normal variations not associated with an impairment don’t qualify as disabilities:
- Bad temper or irritability (unless stemming from a mental health condition)
- Stress caused by difficult personal circumstances (unless meeting criteria for an anxiety disorder)
- Normal personality characteristics like shyness or assertiveness
- Common mood fluctuations not meeting clinical thresholds
The "Regarded As" Prong: Protection When Others Perceive a Disability
The “regarded as” prong of the ADA’s disability definition provides important protection against discrimination based on how others perceive you, even if you don’t actually have a disability or if your condition doesn’t substantially limit a major life activity.
How “Regarded As” Works
You are “regarded as” having a disability if:
- An employer takes adverse action against you (like firing, demoting, or not hiring)
- Because of an actual or perceived physical or mental impairment
- Whether or not the impairment limits or is perceived to limit a major life activity
The “regarded as” prong focuses on the employer’s perception and actions, not the actual limitations of your condition. This provides broad protection against discriminatory attitudes and stereotypes.
Key Limitations of the “Regarded As” Prong
While the “regarded as” prong provides important protection against discrimination, it has two significant limitations:
- No Accommodation Requirement: Employers are not required to provide reasonable accommodations to individuals who only meet the “regarded as” definition. You must have an actual disability (first prong) or a record of disability (second prong) to be entitled to accommodations.
- Transitory and Minor Exception: The “regarded as” prong doesn’t cover impairments that are both transitory (expected to last 6 months or less) and minor. This is the only place in the ADA where duration explicitly matters.
Despite these limitations, the “regarded as” prong provides crucial protection against discriminatory actions based on perceived disabilities or conditions.
Examples of “Regarded As” Scenarios
Common scenarios where the “regarded as” prong might apply include:
Perception Based on Physical Appearance
- An employer doesn’t hire someone with a facial disfigurement because they assume customers will be uncomfortable
- A manager denies a promotion to an overweight employee believing they lack energy or self-discipline
Assumptions About Medical Conditions
- An employer fires someone after learning they had a heart attack, fearing they can’t handle job stress
- A manager transfers an employee diagnosed with cancer away from customer contact, assuming treatment will make them look ill
Misconceptions About Mental Health
- An employer terminates someone after learning they take antidepressants, assuming they’re unstable
- A supervisor closely monitors an employee who mentions seeing a therapist, fearing unpredictable behavior
In each case, the employer’s actions based on their perception or assumption—rather than the individual’s actual abilities—potentially violate the ADA under the “regarded as” prong.
Documenting Your Disability for ADA Protection
While understanding the legal definition is important, practically speaking, you’ll often need to document your disability to access ADA protections, particularly for accommodation requests.
Medical Documentation Best Practices
Effective documentation typically includes:
Healthcare Provider Information
- Documentation from a qualified professional with expertise in your condition
- Provider’s name, specialty, and professional credentials
- Statement confirming an established treatment relationship
Diagnosis and Condition Information
- Clear statement of your diagnosis or condition
- How the diagnosis was determined (tests, evaluations, clinical observations)
- Whether the condition is permanent, temporary, or episodic
- Prognosis and expected duration if temporary
Functional Limitations
- Specific major life activities that are substantially limited
- How your condition affects these activities compared to most people
- Limitations without considering mitigating measures like medication
- Any environmental factors that worsen symptoms or limitations
Connection to Work
- How limitations affect your ability to perform specific job functions
- Environmental conditions or triggers in the workplace that affect your condition
- Clear connection between your limitations and requested accommodations
Accommodation Recommendations
- Specific accommodation suggestions from your healthcare provider
- How these accommodations would effectively address limitations
- Potential alternatives if primary recommendations aren’t feasible
When Documentation Might Not Be Needed
In some situations, documentation may not be necessary:
- When your disability and need for accommodation are obvious (e.g., a person who uses a wheelchair needing a desk height adjustment)
- For simple accommodations that pose minimal burden
- When your employer already has sufficient information about your condition
- If you’re only asserting protection from discrimination (not requesting accommodation)
However, having appropriate documentation ready is generally advisable, as it establishes your protection under the ADA and supports accommodation requests.
Addressing Privacy Concerns
Many clients worry about privacy when documenting their conditions. Remember:
- Medical information provided to employers must be kept confidential
- Documentation should be maintained in files separate from regular personnel files
- Access should be limited to those who need to know about accommodations
- You generally don’t need to disclose your specific diagnosis if documentation describes functional limitations
- You can work with your doctor to provide necessary information while maintaining appropriate privacy
Our clients often find that working with their healthcare providers to develop appropriately detailed but discrete documentation helps balance protection needs with privacy concerns.
Real-World Applications: When to Assert ADA Coverage
Understanding when and how to assert your rights under the ADA can be as important as knowing if your condition qualifies.
Accommodation Requests
The most common situation for asserting disability status is when requesting reasonable accommodations. When doing so:
- Be clear about your limitations: Focus on how your condition affects your ability to perform job functions rather than just naming your diagnosis.
- Connect limitations to specific accommodations: Explain how each requested accommodation addresses a specific limitation.
- Engage in the interactive process: Be prepared to discuss alternatives if your preferred accommodation isn’t feasible.
- Provide appropriate documentation: Share medical documentation that supports your need for accommodation.
We often advise clients to approach accommodation requests collaboratively, focusing on solutions that will enable them to perform their jobs effectively rather than simply asserting legal rights.
Discrimination Concerns
You may need to assert ADA coverage when addressing potential discrimination, such as:
During Hiring
- If you require accommodations during the application or interview process
- If you believe you weren’t hired due to disability-related bias
- If inappropriate disability-related questions were asked
During Employment
- If you experience harassment related to your condition
- If you’re excluded from opportunities due to disability
- If you face adverse actions following disability disclosure
During Termination
- If you believe your termination was related to your disability
- If you weren’t provided reasonable accommodations before performance-based termination
- If you were subjected to different standards than non-disabled colleagues
In these situations, documenting the discriminatory treatment and connecting it to your disability status under the ADA is crucial for protecting your rights.
Preventive Disclosure Considerations
Sometimes, strategically disclosing your disability before problems arise can provide important protection:
When to Consider Preventive Disclosure
- When you need accommodations to perform essential job functions
- If your condition might be misinterpreted as performance issues
- When environmental factors at work could worsen your condition
- If safety concerns could arise without appropriate accommodations
When Disclosure Might Not Be Advisable
- When your condition doesn’t affect job performance
- If you don’t require accommodations
- In environments with history of bias against your condition
- When disclosure might lead to unnecessary and harmful stereotyping
Each situation requires careful consideration of your specific circumstances, workplace culture, and the nature of your condition.
Conclusion: Understanding Your Rights Under the ADA
The definition of disability under the ADA has evolved to provide broader protection for individuals with a wide range of conditions. Understanding whether your condition qualifies is the first step toward accessing important workplace rights.
Remember these key points:
- The ADA’s definition of disability now covers many physical, mental, and cognitive conditions that substantially limit major life activities or bodily functions.
- “Substantially limits” is interpreted broadly, without considering mitigating measures like medication.
- You’re protected if you have a current disability, a record of disability, or if you’re regarded as having a disability.
- Documentation from healthcare providers should focus on functional limitations and needed accommodations.
- Strategic disclosure and accommodation requests can help you access the protections you need.
If you’re unsure whether your condition qualifies or need assistance asserting your rights under the ADA, seeking legal guidance can help clarify your options. At Nisar Law Group, we regularly help clients navigate the complexities of disability qualification and access the protections they deserve.
Related Resources
- Reasonable Accommodations: What to Request and How
- Medical Examinations and Inquiries: Employee Rights
- Mental Health Disabilities: Special Considerations
- Invisible Disabilities in the Workplace
- Proving Disability Discrimination: Building Your Case
- Workplace Disability Discrimination: Your Complete Legal Guide
- When Employers Can Claim “Undue Hardship”
- Disability Discrimination in Remote Work Environments
- Long COVID as a Disability: Emerging Legal Considerations
