Individuals are eligible for protection under the Americans with Disabilities Act (ADA) if they meet specific criteria related to having a disability, a history of a disability, or being perceived as having a disability. The ADA aims to ensure equal opportunity for individuals with disabilities in areas such as employment, public accommodations, transportation, and state and local government services.
Understanding ADA Eligibility Criteria
Eligibility for the ADA centers around the definition of "disability." According to the ADA, an individual has a disability if they meet any of the following conditions:
- Actual Disability: They have a physical or mental impairment that substantially limits one or more major life activities.
- Record of Disability: They have a history of such a physical or mental impairment that substantially limited a major life activity.
- Regarded As Having a Disability: They are regarded or perceived by others (such as an employer) as having such a physical or mental impairment, even if they do not actually have one that substantially limits a major life activity.
The law protects individuals from discrimination based on these criteria.
Key Components of the ADA Definition
Let's break down the core concepts within the ADA's definition of disability:
1. Physical or Mental Impairment
This refers to any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems (e.g., neurological, musculoskeletal, respiratory, cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine). It also includes any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
2. Substantially Limits
The term "substantially limits" does not require an extensive analysis and should be interpreted broadly. An impairment does not need to prevent or severely restrict a major life activity to be considered substantially limiting. For example, a condition that makes daily tasks merely more difficult or time-consuming than for most people might qualify. The focus is on whether the impairment substantially limits a major life activity, not on how severe the limitation is.
3. Major Life Activities
These are fundamental activities that an average person can perform with little or no difficulty. Examples include, but are not limited to:
- Basic Daily Activities: Caring for oneself, performing manual tasks, eating, sleeping, walking, standing, lifting, bending, talking, breathing.
- Sensory Functions: Seeing, hearing.
- Cognitive Functions: Learning, reading, concentrating, thinking, communicating.
- Bodily Functions: The operation of major bodily functions, including but not limited to, functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
- Work-Related Activities: Working.
Categories of ADA Eligibility
The following table summarizes the three prongs of the ADA's definition of disability, illustrating who is eligible for its protections:
| Category of Eligibility | Description |
|---|---|
| Actual Disability | An individual has a current physical or mental impairment that substantially limits one or more major life activities. |
| Record of Disability | An individual has a history of, or has been misclassified as having, a physical or mental impairment that substantially limited one or more major life activities. |
| Regarded As Having a Disability | An individual is subjected to a prohibited action (e.g., discrimination) 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. |
It is important to note that the focus is on preventing discrimination. Even if an impairment does not substantially limit a major life activity, if an employer treats an individual as if it does, that individual may still be protected under the "regarded as" prong of the definition.
For more detailed information regarding employment rights under the ADA, you can refer to resources from the U.S. Equal Employment Opportunity Commission (EEOC).
