Executive Summary: Compliance Manual Section 902,
Definition of the Term "Disability"

The U.S. Equal Employment Opportunity Commission

Addendum

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As a result of the Supreme Court's ruling, this document's guidance on mitigating measures is superseded.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.

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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.

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