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Since the Executive Summary for the Compliance Manual Section on the Definition of the Term "Disability" was published, the Supreme Court has ruled that the determination of whether a person has an ADA "disability" must take into consideration whether the person is substantially limited in performing a major life activity when using a mitigating measure. This means that if a person has little or no difficulty performing any major life activity because s/he uses a mitigating measure, then that person will not meet the ADA's first definition of "disability." The Supreme Court's rulings were in Sutton v. United Airlines, Inc., 527 U.S. ____ (1999), and Murphy v. United Parcel Service, Inc., 527 U.S. ____ (1999).
As a result of the Supreme Court's ruling, this document's guidance on mitigating measures is superseded. Following the Supreme Court's ruling, whether a person has an ADA "disability" is determined by taking into account the positive and negative effects of mitigating measures used by the individual. The Supreme Court's ruling does not change anything else in this document.
For more information on the Supreme Court rulings and their impact on determining whether specific individuals meet the definition of "disability," consult the Instructions for Field Offices: Analyzing ADA Charges After Supreme Court Decisions Addressing "Disability" and "Qualified," which can be found on EEOC's website at www.eeoc.gov.
Executive Summary: Compliance Manual Section 902, Definition of
the Term "Disability"
Introduction
Compliance Manual section 902 provides guidance and
instructions for determining whether an individual has a
"disability" as defined by the Americans with Disabilities Act of
1990 (ADA or Act). It has been issued for use by EEOC
investigators when investigating charges of discrimination under
the ADA.
Rationale and Legal Framework
The definition of "disability" under the ADA reflects
Congressional intent to prohibit the specific forms of
discrimination that people with disabilities face. Since the
definition is tailored to the purpose of eliminating
discrimination prohibited by the ADA, it may differ from the
definition of "disability" under other statutes. A determination
of whether a charging party has a "disability" turns on whether
he or she meets the ADA definition of that term.
A charging party has a "disability" for purposes of the ADA
if she or he (1) has a physical or mental impairment that
substantially limits a major life activity, (2) has a record of
such an impairment, or (3) is regarded as having such an
impairment. A charging party must satisfy at least one of these
three parts of the definition to be considered an individual with
a "disability." To determine whether a charging party has a
"disability," the investigator first should determine whether the
charging party satisfies the first part of the definition of the
term. If the charging party does not satisfy the first part of
the definition of "disability," or if the investigator after
attempting an analysis is unsure whether the charging party meets
the first part, then the investigator should determine whether he
or she satisfies the second or third part of the definition.
When determining whether a charging party satisfies the
definition of "disability," the investigator should remember that
the concepts of "impairment," "major life activity," and
"substantially limits" are relevant to all three parts of the
definition of "disability." The investigator also should
remember that the "disability" determination should be made
without regard to the availability of mitigating measures.
Further, the investigator should remember that certain conditions
are specifically excluded from the definition of "disability."
Application of the Definition of "Disability"
Below is a brief summary of some topics relevant to the
determination of whether a charging party satisfies the ADA
definition of "disability."
Impairment
* An impairment is a physiological disorder affecting
one or more of a number of body systems or a mental or
psychological disorder.
* The following conditions are not impairments:
* environmental, cultural, and economic
disadvantages
* homosexuality and bisexuality
* pregnancy
* physical characteristics
* common personality traits
* normal deviations in height, weight, or
strength.
Major Life Activities
* Examples of major life activities listed in the Title
I regulations include caring for oneself, performing manual
tasks, walking, seeing, hearing, speaking, breathing, learning,
and working.
* Other examples of major life activities include
sitting, standing, lifting, and mental and emotional processes
such as thinking, concentrating, and interacting with others.
Substantially Limits
* An impairment is substantially limiting if it
prohibits or significantly restricts an individual's ability to
perform a major life activity as compared to the ability of the
average person in the general population to perform the same
activity.
* The determination of whether an impairment
substantially limits a major life activity depends on the nature
and severity of the impairment, the duration or expected duration
of the impairment, and the permanent or long-term impact of the
impairment.
* An impairment substantially limits an individual's
ability to work if it prevents or significantly restricts the
individual from performing a class of jobs or a broad range of
jobs in various classes.
* Although very short-term, temporary restrictions
generally are not substantially limiting, an impairment does not
have to be permanent to rise to the level of a disability.
Temporary impairments that take significantly longer than normal
to heal, long-term impairments, or potentially long-term
impairments of indefinite duration may be disabilities if they
are severe.
* Chronic or episodic disorders that are substantially
limiting when active or have a high likelihood of recurrence in
substantially limiting forms may be disabilities.
* An individual who has two or more impairments that are
not substantially limiting by themselves but that together
substantially limit one or more major life activities has a
disability.
Record
* An individual has a record of a substantially limiting
impairment if she or he
* has a history of a substantially limiting
impairment or
* has been misclassified as having a
substantially limiting impairment.
Regarded
* An individual is regarded as having a substantially
limiting impairment if he or she
* has an impairment that does not
substantially limit major life activities
but is treated by a covered entity as
constituting such limitation,
* has an impairment that substantially limits
major life activities only as a result of
the attitudes of others toward such
impairment, or
* has no impairment but is treated by a
covered entity as having a substantially
limiting impairment.
* An employer regards an individual as having an
impairment that substantially limits the major life activity of
working if it treats the individual as having an impairment that
disqualifies or significantly restricts the individual from
working in a class of jobs or a broad range of jobs in various
classes.
Illegal Use of Drugs
* The statute and regulations exclude from the
definition of "disability" an individual currently engaging in
the illegal use of drugs when the covered entity acts on the
basis of the use. This exclusion, however, does not apply to an
individual who has a record of illegal use of drugs but no longer
uses drugs illegally or who is erroneously regarded as engaging
in such use.
* An individual does not automatically satisfy the
definition of "disability" simply because she or he has a record
of the illegal use of drugs or is erroneously regarded as
engaging in such use. The record or perception must pertain to a
record or perception that the individual is or was addicted to
drugs. A record or perception of occasional, casual use of drugs
does not constitute a disability.
This page was last modified on February 1, 2000.