ADA - Executive Summary: Compliance Manual Section 902, Definition of the Term "Disability"
http://www.eeoc.gov/policy/docs/902sum.html
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.

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.

• 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.