disability · legal

Disability

Legal - USA (ADA)

Definition

Impairment substantially limiting one or more major life activities; or a record of, or being regarded as having, such an impairment.

Prerequisite chain

Condition. A physical/mental impairment exists
Functional status. A major life activity is substantially limited
Applied test. Tested WITHOUT mitigating measures (meds, prosthetics) - except ordinary glasses

Assessment basis (treatment / aids) — Under the ADAAA (2008), mitigating measures (medications, prosthetics, hearing aids, assistive tech) are generally NOT considered when assessing the limitation. The only exception is ordinary eyeglasses/contact lenses - assessed in the unmitigated state, similar to the UK rule.

Qualifiers

Severity. "Substantially limits" = significant restriction vs. average person
Duration. Long-term (>=6 months in some rulings)
Scope. Major life activities (self-care, walking, seeing, hearing, breathing, learning, working)
Other. Eyeglasses/contact lenses excepted

Impact

Affects Major Life Activities.

Example

An employee with controlled epilepsy is still "disabled" under the ADA even though medication controls the seizures.

Source: Americans with Disabilities Act, as amended (ADAAA 2008)

Language map: disability · Incapacity · Mitigated-state trap