WHAT IS A DISABILITY?

Not all impairments are disabilities under the ADA.  Disabilities that impair one’s ability to engage in “major life activities,” such as taking care of oneself, walking, talking, breathing, seeing, hearing, learning, reproducing, interacting with others, sleeping, and working may be protected under the ADA.  This does not mean that all employees who experience difficulties in those areas are disabled under the ADA. Impairments are considered in their medicated or curative states.  For example, while asthma may be a disability under the ADA, an employee with asthma may not be disabled if medications taken regularly prevent the symptoms of asthma.  Similarly, severely near-sighted employees may be seriously impaired in the major life activity of seeing, but if glasses or contacts bring their vision to normal, they are not disabled under the ADA.  Furthermore, a disability is usually a long-term or recurring condition.  Short-term conditions are not considered disabilities.  For example, an employee who sprains his ankle skiing is not protected under the ADA.  It may be difficult to determine at times whether an injury will result in a temporary condition of impairment or a disability under the ADA.  Consult your company’s attorney when you have doubts.