Who is Covered by the Americans With Disabilities Act (ADA)?
The ADA protects employees or applicants who satisfy the test of being a "qualified individual with a disability," which means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the job. If an employee or applicant satisfies the definition of being a qualified individual with a disability, then the employer must provide a reasonable accommodation unless doing so would impose an undue hardship on the employer's operations.
Definition of Disability. "Disability" means someone who:
1. Has a physical or mental impairment that substantially limits one or more major life activities;
2. Has a record of such an impairment; or
3. Is regarded as having such an impairment.
Impairment. According to the Equal Employment Opportunity Commission (EEOC), the term physical impairment means a physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting certain body systems. The term mental impairment includes pyschological disorders, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
Major Life Activity. The EEOC defines major life activity as those basic activities that an average person can perform with little to no trouble. Some examples listed by the EEOC include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, sitting, standing, lifing, reaching, thinking, concentrating, and interacting with others.
Substantially Limits. According to the EEOC, "substantially limits" means: (1) Unable to perform a major life activity that the average person in the general population can perform, or (2) Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to ... the average person in the general population.
Reasonable Accommodation. The ADA defines "reasonable accommodation" as including, but not limited to, making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and job restructuring, parttime or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
Essential Job Functions. The ADA states that the employer's judgment shall be given consideration in determining the essential functions of a job. If an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.
