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Definition of Disability Under the ADA

“Disability” is defined in the ADA broadly to include any physical or mental disorder or impairment which substantially impairs an individual from performing a “major life activity,” including the ability to work.

  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 may not actually have a mental or physical disorder but who, based on fear, myth, or stereotype, are regarded as disabled.

Category:Legal Considerations


Fisher Phillips | California | California Supreme Court Embraces Employee-Friendly Formula For Calculating OT Pay (March 05, 2018)

Fisher Phillips | California | FEHC Proposes Regulations to Implement California’s New “Ban the Box” and “New Parent Leave” Laws (March 04, 2018)

Fisher Phillips | California | Your Comprehensive Guide to 2018 Proposed California Legislation (February 28, 2018)

FordHarrison LLP | California | California Supreme Court's Recent Overtime Ruling Likely to Cause Payroll Problems (March 07, 2018)

Jackson Lewis P.C. | California | California Court of Appeals Holds Labor Code § 558 Claims Are Indivisible Claims and Not Arbitrable (February 28, 2018)

Jackson Lewis P.C. | California | Calculating Overtime Value of Flat-Sum Bonus Must Be Based on Actual Non-Overtime Hours Worked, California High Court Holds (March 11, 2018)

Jackson Lewis P.C. | California | Pending California Legislation Alert! Recently Introduced Bill Seeks to Protect Medicinal Marijuana Users from Employment Discrimination in California (February 27, 2018)

Fisher Phillips | California | The Plot Thickens: Trump Administration Sues California Over New Immigration Laws, Including AB 450 (March 09, 2018)

Jackson Lewis P.C. | California | California Transportation Industry Waives Goodbye to Enforcement of Federal Arbitration Act Provisions in Employment Contracts (March 07, 2018)

Jackson Lewis P.C. | New York | New Guidance for the New York Paid Family Leave Payroll Deduction (March 07, 2018)