EEOC Enforcement of the ADA Amendments Act: Definition of “disability”

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January 06, 2016

The ADAAA keeps the ADA’s black-letter definition of the term disability: a disability is (A) a physical or mental impairment that substantially limits one or more major life activities; or (B) a record (or past history) of such an impairment; or (C) being  regarded as having such an impairment. 42 U.S.C. § 12101(1). The ADAAA goes further than the original Act, however, in that it also defines the terms “major life activities” and “regarded as” having a disability.

First, the ADAAA defines “major life activities” as including, without limitation, “caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.” Further, it defines “major bodily functions” in this context as including, without limitation, “functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.” Id. § 12101(2). The ADAAA also states that an individual need only be substantially limited in one major life activity to be disabled within the meaning of the law. Additionally, the law provides that an impairment “that is episodic or in remission is a disability if it would substantially limit a major life activity when active.” Id. § 12101(4).

Next, the ADAAA provides that an individual satisfies the “regarded as” prong of the definition of disability if “the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.” Id. § 12101(3). In other words, an individual may be protected under the “regarded as” prong even if the impairment is not regarded as being serious enough to limit a major life activity. The ADAAA does provide, however, that there is no “regarded as” protection for impairments that are “transitory and minor.” While it does not define “minor” in this context, it provides that a “transitory” impairment is “an impairment with an actual or expected duration of 6 months or less.” Id.

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