The Americans with Disability Act (ADA) protects people with disabilities from discrimination. Conditions that are minor and temporary (such as a cold or flu) don’t count as disabilities under the ADA. However, a short-term illness or other impairment may qualify as a disability if it is severe.
The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. Although certain conditions (such as cancer, diabetes, multiple sclerosis, or schizophrenia) will virtually always qualify as disabilities, the ADA requires an individual assessment. Courts must consider the facts of each case, taking into account the person's condition and how it affects the performance of basic functions.
In 2008, Congress passed the ADA Amendments Act (ADAAA), which modified the ADA. One of the primary purposes of the ADAAA was to correct what Congress saw as an overly stingy attitude by courts about what constitutes a disability. The ADAAA and the regulations adopted by the Equal Employment Opportunities Commission interpreting the new law make clear that the term "disability" should be interpreted broadly, not narrowly construed in order to exclude employees from protection. Rather than spending a lot of time determining whether or not someone has a disability, courts should focus on whether the employer has met its obligations under the law.
Major life activities are basic activities that the average person can perform with little or no difficulty. They include:
The ADAAA added "major bodily functions" to the list of major life activities. This change was intended to protect those who have serious medical conditions but may not always suffer evident, day-to-day effects. Major bodily functions include the proper working of bodily processes, functions, or systems, such as the immune system, normal cell growth, and the digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
The ADAAA makes clear that courts must consider whether a person has a disability without taking into account any measures the person takes to minimize or control its symptoms (except for regular glasses or contact lenses). For example, a court should consider how diabetes affects someone's major life activities, not at how well the person can perform those activities when his or her diabetes is controlled with insulin.
Chronic conditions can qualify as disabilities even when they are not active. A condition that causes periodic flareups (such as Crohn's disease) will qualify as a disability if it meets the definition in its active state. Similarly, a person whose cancer is in remission will qualify as having a disability if that condition, when active, would meet the definition.
Under the ADA, temporary conditions that are minor don't qualify as disabilities. For example, colds, the flu, and sprains generally won't qualify as disabilities, assuming they don't have serious, long-term consequences. Normal pregnancy generally doesn’t qualify as a disability under the ADA, although disabling conditions associated with pregnancy (such as gestational diabetes and preeclampsia) almost certainly do. Although these conditions may be temporary, their consequences and effect on major life activities can be severe.
A short-term illness or other condition that has long-term complications may also qualify as a disability. For example, an employee who suffers a mild concussion in a bike accident, but recovers fully within a few days, likely does not have a disability. If, however, the employee suffers brain damage as a result of the accident, that would generally qualify as a disability.
As explained above, conditions that are permanent but result in only temporary periods of actual disability also qualify as disabilities. For example, a person with epilepsy generally will be found to have a disability, even though she rarely has seizures, and the few seizures she does have last for no more than a minute or two.
If your employer has discriminated against you because of your disability, you should consult with an experienced lawyer. You have the legal right to be free from discrimination based on your disability, and to receive reasonable accommodation for your disability, if your employer can provide it without undue hardship. Unfortunately, many employers are unfamiliar with the requirements of the ADA or unclear about what constitutes a disability that's protected under the law. A lawyer can help you assess your situation and decide how to proceed.