If you’re dealing with a health condition that affects your work, understanding whether you qualify for protection under the Americans with Disabilities Act (ADA) is crucial. Many employees are surprised to learn that the definition of “disability” is broader than they thought. This guide will help you understand if your condition qualifies, what rights you have, and how to advocate for yourself effectively in the workplace.
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 ADA's Three-Part Definition of Disability
The ADA protects employees with disabilities from workplace discrimination and provides the right to reasonable accommodations. But what exactly counts as a disability? The law defines disability in three distinct ways:
1. Actual Disability
You have an actual disability if you have a physical or mental impairment that substantially limits one or more major life activities. The key here is “substantially limits” – your condition doesn’t need to prevent you from performing activities, just significantly restrict them compared to the average person.
Major life activities include basic functions like walking, seeing, hearing, and speaking. They also cover major bodily functions such as digestive, neurological, respiratory, and circulatory functions.
For example, a client with multiple sclerosis qualified for ADA protection even though her symptoms were intermittent. During flare-ups, her ability to walk, concentrate, and maintain stamina was substantially limited compared to the average person.
2. Record of a Disability
You’re protected if you have a history or record of an impairment that substantially limited major life activities, even if you’re not currently experiencing limitations.
This provision protects people with a history of conditions like cancer in remission or controlled epilepsy. It prevents employers from discriminating based on fears or stereotypes about past conditions.
3. Regarded as Having a Disability
You’re protected if an employer treats you as having a disability, even if you don’t actually have one or have a condition that doesn’t substantially limit major life activities.
This third category prevents discrimination based on perceptions and stereotypes. For instance, if a manager refuses to promote you because they incorrectly believe your skin condition is contagious, you’re protected under this provision.
Physical Disabilities Under the ADA
Physical disabilities cover a wide range of conditions affecting bodily systems and functions. These include:
- Mobility impairments requiring use of wheelchairs or other assistive devices
- Visual or hearing impairments
- Respiratory conditions like asthma or COPD
- Neurological conditions such as epilepsy, multiple sclerosis, or Parkinson’s disease
- Immune disorders including HIV/AIDS
- Cardiovascular conditions like heart disease or hypertension
- Diabetes and other endocrine disorders
The severity and duration of these conditions matter. A sprained ankle that heals in a few weeks typically doesn’t qualify, but a leg injury resulting in permanent mobility limitations would.
Physical conditions don’t need to be visible or constant to qualify. For example, we represented a client with rheumatoid arthritis who experienced periodic flare-ups that substantially limited her ability to perform manual tasks. Even though she appeared perfectly healthy between flares, her condition qualified as a disability.
Mental Health Conditions as Disabilities
Mental health conditions can qualify as disabilities when they substantially limit major life activities. Protected conditions often include:
- Major depression
- Anxiety disorders
- Post-traumatic stress disorder (PTSD)
- Bipolar disorder
- Schizophrenia
- Obsessive-compulsive disorder
- Attention deficit hyperactivity disorder (ADHD)
Mental health disabilities can be more challenging to document, but they deserve the same protection as physical disabilities. The condition must substantially limit major life activities such as concentrating, thinking, communicating, or interacting with others.
"Invisible" Disabilities and Their Protection
Many qualifying conditions aren’t readily apparent to others—these are often called “invisible disabilities.” They include:
- Chronic pain conditions like fibromyalgia
- Chronic fatigue syndrome
- Migraine disorders
- Autoimmune diseases
- Learning disabilities like dyslexia
- Many mental health conditions
These conditions present unique challenges in the workplace. Coworkers or supervisors might question their legitimacy since they can’t “see” the disability.
Employees with invisible disabilities must decide whether to disclose their condition and request accommodations. You’re not legally required to disclose unless you need accommodations, but without disclosure, your employer has no obligation to accommodate your condition.
How the ADAAA Expanded Disability Coverage
The ADA Amendments Act of 2008 (ADAAA) significantly broadened the definition of disability after several Supreme Court decisions had narrowed it. These changes made the law much more inclusive:
- The ADAAA expanded the list of “major life activities” to include major bodily functions and activities like concentrating, thinking, and communicating.
- The amendments clarified that episodic conditions qualify when they’re active, even if they don’t consistently limit activities. Conditions like epilepsy, diabetes, or multiple sclerosis qualify even during periods of remission.
- Most importantly, the ADAAA established that mitigating measures—except ordinary eyeglasses or contact lenses—don’t factor into determining whether someone has a disability.
This third point is crucial. Before the amendments, courts would consider whether treatments or devices mitigated the condition’s effects. Now, the disability determination happens without considering the positive effects of:
- Medication
- Medical equipment and devices
- Prosthetics
- Hearing aids
- Mobility devices
- Assistive technology
- Learned behavioral adaptations
For example, a person with diabetes controlled by insulin still qualifies as having a disability. Similarly, someone with depression that responds well to medication still has protection under the ADA.
When a Condition May Not Qualify as a Disability
Not all health conditions meet the ADA’s definition of disability. Generally, conditions don’t qualify when they:
- Are temporary with no long-term impact (like a common cold or minor sprains)
- Have minimal impact on major life activities
- Result from current illegal drug use
- Are minor (like a mild seasonal allergy with minimal effects)
- Include certain specific conditions excluded by the ADA, such as transvestism, kleptomania, pyromania, and certain sexual behavior disorders
However, the threshold for “substantial limitation” is lower than many people realize. Courts now interpret this standard broadly, focusing more on whether discrimination occurred than on extensive analysis of whether someone meets the disability definition.
Documentation and Disclosure Strategies
If you believe your condition qualifies as a disability and you need workplace accommodations, consider these practical strategies:
- Obtain appropriate medical documentation. While general documentation of your condition is helpful, documentation specifically addressing how your condition affects major life activities proves even more valuable.
- Focus on specific limitations rather than just naming your diagnosis. For example, instead of simply stating “I have ADHD,” explain how your condition substantially limits your ability to concentrate for extended periods.
- Connect your requested accommodations directly to your limitations. Explain how specific accommodations would help you perform essential job functions.
- Understand that disclosure is your choice. You’re not required to disclose your disability unless you need accommodations. Consider the potential benefits and risks before sharing information.
- Know what medical information employers can request. Employers can ask for reasonable documentation about your disability and functional limitations when you request accommodations, but they can’t demand unrelated medical records.
Conditions That Often Qualify Under Recent Case Law
Recent court decisions have clarified disability status for several conditions:
Long COVID as a Disability
The Department of Justice and EEOC recognize that “long COVID” can qualify as a disability when it substantially limits major life activities. Symptoms like fatigue, brain fog, shortness of breath, and heart palpitations that persist after COVID-19 infection can constitute disabilities requiring accommodation.
Pregnancy-Related Conditions
While pregnancy itself isn’t a disability, pregnancy-related impairments like gestational diabetes, preeclampsia, and severe morning sickness can qualify when they substantially limit major life activities, even temporarily.
Obesity and Related Conditions
Courts increasingly recognize severe obesity as a physiological condition that can qualify as a disability, especially when accompanied by conditions like diabetes or hypertension.
What to Do If You Think You Have a Qualifying Disability
If you believe your condition qualifies as a disability under the ADA:
- Review your company’s accommodation request procedures, typically found in employee handbooks or HR policies.
- Prepare documentation of your condition and how it substantially limits major life activities.
- Consider what reasonable accommodations would help you perform your job effectively.
- Initiate the “interactive process” by informing your employer of your disability and need for accommodations.
- Be prepared to engage in a good-faith dialogue about effective accommodation options.
- Document all communications related to your accommodation requests.
If your employer questions whether your condition qualifies as a disability or refuses reasonable accommodations, consult with an experienced employment attorney. The determination of disability status can be complex, and having legal guidance often makes a significant difference.
How Nisar Law Can Help
At Nisar Law, we specialize in helping employees with disabilities assert their workplace rights. Whether you’re facing discrimination based on your condition or need assistance securing reasonable accommodations, our experienced employment attorneys can:
- Evaluate whether your condition qualifies as a disability under the ADA
- Help document your disability effectively for accommodation requests
- Guide you through the reasonable accommodation process
- Address instances of disability discrimination or harassment
- Represent you in EEOC complaints or litigation if necessary
Understanding how the ADA applies to your specific situation is the first step toward securing your workplace rights. Contact Nisar Law today for a confidential consultation about your disability accommodation or discrimination concerns.
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
