The Americans With Disabilities Act - The

Meaning of Disability

The Americans with Disabilities Act of 1990 has the most far-reaching impact
on the U.S. workplace since the Civil Rights Act of 1964. Yet many Americans
are confused about the meaning of key terms used in the Act. This article
unravels the confusion about the term 'disability' and clarifies what conditions
are covered and what are not.
The ADA defines 'disability' as:
A physical or mental impairment that substantially limits one or more of the
major life activities of such individual ... or a record of such an impairment ...
or being regarded as having such an impairment.
The ADA covers more than just people who are deaf, blind, or use wheelchairs.
It also covers:

People who have physical conditions, such as medical disorders,

cosmetic disfigurement and severe damage or loss to a body part or
system. Examples include: epilepsy, paralysis, diabetes, MS, HIV
infection, or severe forms of arthritis, hypertension or carpal tunnel
syndrome. Also alcoholism.
People with mental impairments, such as mental illness or retardation,
learning disabilities and psychological disorders. Examples include:
major depression, bipolar (manic-depressive) disorder, dyslexia, and
mental retardation.

But, when dealing with ADA issues, you should avoid engaging in medical
diagnosis. Instead, focus on the effect a disability has on a person's life.
Which takes us to major life activities. Nothing mysterious here -- seeing,
hearing, speaking, walking, breathing, performing manual tasks, learning,
caring for oneself, working, etc.
Thus far, we've been talking about actual impairments. The ADA also covers:

A person with a record of any such impairment. For example, cancer that
is now in remission, a recovering alcoholic, or a person who has
recovered from mental illness.
A person who is regarded as having such impairment, particularly if you
were to act based on myths, fears, or stereotypes. For example, although
AIDS is a disability, homosexuality is not. However, if an employer were
to treat gay persons as if they had AIDS, that would be covered under
ADA.
A person who is associated with people with disabilities. For example: A
person whose spouse has a disability and the employer is concerned
about excessive absenteeism or health insurance costs. Or someone who
does volunteer work for people with AIDS and there's an unwarranted
fear of infection.

Not all physical or mental conditions are covered, however. The following are
not protected under ADA:

Minor, non-chronic conditions of short duration, such as a sprain,

broken limb, or flu.
Individuals who currently engage in the illegal use of drugs.
Advanced age or pregnancy. [These are covered by other laws, but not as
disabilities.]
Compulsive gambling, kleptomania and pyromania.
Homosexuality, bisexuality, transvestitism, sexual behavior disorders.*
[Homosexuality and bisexuality are protected by many state and local
laws, though not as disabilities.]
Job performance limitations due strictly to environmental, cultural or
economic factors such as poverty. Example: Inability to read due to
dyslexia is covered; but if due to lack of education, it is not covered.
Job performance problems due strictly to personality or character traits,
e.g., irresponsibility, bad temper, computer phobia, shyness.
We represent and defend companies and individuals from Americans
With Disabilities claims. We work with businesses, big and small, to
defend claims of violations under the Americans with Disabilities Act.
Through our own investigation, we identify potential ADA compliance

issues and ways to resolve them. We attack ADA claims from multiple
angles to render such claims moot early in the Court process. Was there
an actual ADA violation? Was the plaintiff a bona fide patron? Are there
reasonable accommodations in place? These are some of the questions
that we will answer in resolving your case. We are able to bring sanity to
which otherwise has become attorney welfare through fee shifting.
Information shared by: http://snlgllc.com/practice-areas/americanswith-disabilities/