Americans with Disabilities Act – Title I

Definition of Disability Under the ADA

"Disability" is defined in the ADA broadly to include any physical or mental disorder or impairment which substantially limits an individual from performing a "major life activity," including the ability to work. Under the ADA Amendments Act of 2008 (ADAAA), which took effect January 1, 2009, "substantially limits" is to be construed broadly in favor of expansive coverage, and the determination of whether an impairment substantially limits a major life activity should not demand extensive analysis.

  In determining whether an impairment substantially limits a major life activity, mitigating measures — such as medication, medical equipment, hearing aids, or assistive technology — are not to be considered, with one exception: ordinary eyeglasses or contact lenses. An impairment that is episodic or in remission is still considered a disability if it would substantially limit a major life activity when active. "Major life activities" include not only activities such as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working, but also the operation of major bodily functions, including functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, and endocrine functions, among others.

  In order to be covered by the ADA, an individual with a disability also must be "qualified."  That is, the individual must satisfy the prerequisites of the job (skills, education and other job-related experience), and must be able to perform, with or without reasonable accommodations, the job's essential functions.  The ADA identifies and prohibits discrimination against three categories of qualified individuals with disabilities:

(a)  individuals with a disability

(b)  individual with a record of disability, protecting individuals who have history of, or have been misdiagnosed as having, a disability; and

(c)  individuals who are "regarded as" having a disability — that is, individuals who are subjected to a prohibited action (such as failure to hire, termination, or demotion) because of an actual or perceived physical or mental impairment, whether or not that impairment limits or is perceived to limit a major life activity. This "regarded as" prong does not apply, however, if the impairment is both transitory (lasting or expected to last six months or less) and minor.

Reasonable Accommodation Under the ADA

The ADA requires employers to modify jobs, the work environment, and the manner or circumstances in which jobs are customarily performed to enable qualified individuals with disabilities to enjoy equal employment opportunity.  Such job modifications or adjustment are called "reasonable accommodations." An employer need not provide such accommodations, however, if they would pose undue hardship.

Examples of Reasonable Accommodation

* making facilities accessible to and usable by individuals with disabilities;
* job restructuring; 
* part-time or modified work schedule;
* flexible leave policies;
* acquisition/modification of equipment and devices;
* making employer-provided transportation accessible;
* providing qualified assistants;
* reassignments and transfers.

Undue Hardship

"Undue hardship" refers to an accommodation that would be unduly costly, extensive, or substantial, or that would fundamentally alter the nature of the business.  Even if a particular accommodation would impose undue hardship, however, the employer must consider whether there are alternative accommodations that would not impose such hardship.  The undue hardship exception is a narrow one.  An employer should not refuse accommodation on the basis of undue hardship hastily.