Notes on 42 U.S. Code § 12102: Definition of Disability
The U.S. Code, Title 42, Chapter 126, Section 12102 provides the legal definition of “disability” as it is used within this chapter, which primarily refers to the Americans with Disabilities Act (ADA). The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.
Definition of Disability
The term "disability" with respect to an individual means one of the following:
A physical or mental impairment that substantially limits one or more major life activities of such individual. This is the foundational definition, focusing on the actual functional impact of an impairment on an individual's daily life.
A record of such an impairment. This includes individuals who have a history of a disabling condition, even if they are not currently experiencing limitations (e.g., a person with a history of cancer that is now in remission, or someone who previously had a severe mental health condition).
Being regarded as having such an impairment, as described in paragraph (3) of this section. This addresses discrimination based on perception, preventing individuals from being subjected to negative actions because others incorrectly believe they have a substantially limiting impairment, or because they associate with someone who has such an impairment.
Major Life Activities
General Major Life Activities: For the purposes of the definition of disability, major life activities are fundamental activities that an average person can perform with little or no difficulty. These include, but are not limited to:
Caring for oneself (e.g., hygiene, dressing)
Performing manual tasks (e.g., using hands, lifting objects)
Seeing (e.g., vision without correction)
Hearing (e.g., perceiving sounds)
Eating (e.g., chewing, swallowing)
Sleeping (e.g., maintaining a consistent sleep pattern)
Walking (e.g., ambulation)
Standing (e.g., maintaining an upright position)
Lifting (e.g., moving objects from one place to another)
Bending (e.g., stooping, crouching)
Speaking (e.g., vocal communication)
Breathing (e.g., normal respiration)
Learning (e.g., acquiring knowledge or skills)
Reading (e.g., comprehending written text)
Concentrating (e.g., focusing attention)
Thinking (e.g., cognitive processing)
Communicating (e.g., exchanging information)
Working (e.g., performing a job's essential functions)
Major Bodily Functions: A major life activity also encompasses the operation of a major bodily function, indicating that impairments to internal systems can also constitute a disability. These include but are not limited to, functions of:
The immune system (e.g., autoimmune disorders, HIV)
Normal cell growth (e.g., cancer)
Digestive functions (e.g., Crohn's disease, irritable bowel syndrome)
Bowel functions (e.g., incontinence)
Bladder functions (e.g., urinary incontinence)
Neurological functions (e.g., epilepsy, Parkinson's disease)
Brain functions (e.g., traumatic brain injury, ADHD)
Respiratory functions (e.g., asthma, emphysema)
Circulatory functions (e.g., heart disease, hypertension)
Endocrine functions (e.g., diabetes, thyroid disorders)
Reproductive functions (e.g., infertility, conditions affecting pregnancy)
Regarded as Having Such an Impairment
An individual meets the requirement of "being regarded as having such an impairment" if they establish that they have been subjected to a prohibited action under this chapter (e.g., being fired, denied a promotion, or refused admission to a program).
This prohibited action must be because of an actual or perceived physical or mental impairment. The perception of an impairment is sufficient, even if the individual does not actually have one that limits a major life activity.
Crucially, this applies whether or not the impairment limits or is perceived to limit a major life activity. The focus here is on the discriminatory act stemming from the perception, rather than the functional limitation itself.
Exclusions: This provision does not apply to impairments that are transitory and minor. A transitory impairment is defined as an impairment with an actual or expected duration of months or less, and it must also be minor in severity. For example, a common cold or a sprained ankle with a quick recovery would typically fall under this exclusion.
Rules of Construction Regarding the Definition of Disability
The definition of "disability" shall be interpreted in accordance with the following rules:
Broad Coverage: The definition shall be construed in favor of broad coverage of individuals under this chapter, to the maximum extent permitted by the terms of the chapter. This legislative intent aims to ensure that more individuals are protected by the ADA, reversing earlier restrictive court interpretations.
"Substantially Limits" Interpretation: The term "substantially limits" shall be interpreted consistently with the findings and purposes of the ADA Amendments Act of (ADAAA). The ADAAA clarified that the standard for substantially limiting is not a demanding one, and should be construed broadly in favor of coverage.
One Major Life Activity Suffices: An impairment that substantially limits one major life activity need not limit other major life activities to be considered a disability. The presence of a single, significant limitation is sufficient for coverage.
Episodic or In Remission Impairments: An impairment that is episodic or in remission is considered a disability if it would substantially limit a major life activity when active. Examples include conditions like epilepsy, multiple sclerosis, schizophrenia, or bipolar disorder, where the symptoms may come and go but significantly affect major life activities during active periods.
Mitigating Measures:
Disregard Ameliorative Effects: The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative (improving) effects of certain mitigating measures. This means the underlying severity of the impairment is assessed as if the individual were not using these measures, to prevent an individual from losing protection simply because they effectively manage their condition. Such measures include:
Medication, medical supplies, equipment, or appliances (e.g., insulin for diabetes, seizure medication).
Low-vision devices (which specifically do not include ordinary eyeglasses or contact lenses, as these are treated differently).
Prosthetics (including limbs and devices).
Hearing aids and cochlear implants or other implantable hearing devices.
Mobility devices (e.g., wheelchairs, walkers).
Oxygen therapy equipment and supplies.
Use of assistive technology.
Reasonable accommodations or auxiliary aids or services.
Learned behavioral or adaptive neurological modifications (e.g., strategies developed to cope with a learning disability).
Consider Ameliorative Effects: The ameliorative effects of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity. This is an exception because these devices typically fully correct visual acuity.
Definitions for Mitigating Measures:
"Ordinary eyeglasses or contact lenses": Lenses that are intended to fully correct visual acuity or eliminate refractive error.
"Low-vision devices": Devices that magnify, enhance, or otherwise augment a visual image, for individuals whose vision cannot be fully corrected by ordinary lenses.
Legislative History
The provisions originated from Pub. L. , §, July , , Stat. , which is known as the Americans with Disabilities Act of (ADA). They were later amended by Pub. L. , §, Sept. , , Stat. , known as the ADA Amendments Act of (ADAAA). The ADAAA was enacted to clarify Congress's original intent to provide broad coverage under the ADA, particularly in response to Supreme Court decisions that had narrowed the definition of disability.