The U.S. Equal Employment Opportunity Commission
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As a result of the Supreme Court's ruling, this document's guidance on mitigating measures is superseded.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.