What Is a Disability under the Americans with Disabilities Act?
The definition of "disability" under the Americans with Disabilities Act (ADA) includes three prongs:
1. Actual Disability: A physical or mental impairment that substantially limits one or more major life activities of an individual. Major life activities include, but are not limited to, activities such as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. Additionally, major life activities encompass the operation of major bodily functions, such as functions of the immune system, normal cell growth, and neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
Or
2. Record of Impairment: A record of such an impairment, meaning the individual has a history of, or has been misclassified as having, a physical or mental impairment that substantially limits one or more major life activities.
Or
3. Regarded as Having an Impairment: Being regarded as having such an impairment, which applies if the individual has been subjected to an action prohibited under the ADA because of an actual or perceived physical or mental impairment, regardless of whether the impairment limits or is perceived to limit a major life activity.
The Fifth Circuit (i.e., the federal appellate court that hears appeals from the federal trial courts in Texas) has clarified the application of this definition:
The substantial-limit requirement is the linchpin of § 12102(2)(A). Without it, the ADA would cover any minor impairment that might tangentially affect major life activities such as breathing, eating, and walking. For this reason, an impairment must not just limit or affect, but must substantially limit a major life activity. Albertson's, 527 U.S. at 565 (contrasting "mere difference" with a "significant restriction"). The effects of an impairment must be severe to qualify as a disability under the ADA. [ ]
Moreover, a plaintiff must prove a substantial limit with specific evidence that his particular impairment substantially limits his particular major life activity. "The ADA requires those 'claiming the Act's protection to prove a disability by offering evidence that the extent of the limitation caused by their im pairment in terms of their own experience is substantial.'"
Waldrip v. GE, 325 F.3d 652, 655-56 (5th Cir. 2003). Moreover, the Fifth Circuit has noted that the ADA Amendments Act (ADAAA) broadened the scope of the definition, making it easier for individuals to establish a disability, including recognizing episodic impairments as disabilities if they substantially limit a major life activity when active:
Additionally, the ADAAA explicitly provided that "[a]n impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active." 42 U.S.C. § 12102(4)(D). Consequently, courts have recognized numerous episodic conditions—including depression, post-traumatic stress disorder, and other mental [**15] health conditions where an [*480] individual may experience flare-ups—as disabilities. See, e.g., Hostettler v. Coll. of Wooster, 895 F.3d 844, 854 (6th Cir. 2018) (depression and severe separation anxiety).
Mueck v. La Grange Acquisitions, L.P., 75 F.4th 469, 479-80 (5th Cir. 2023). Moreover, an impairment need not be "permanent or long-term" to qualify as a disability.
If you have any questions about the definition of disability under the ADA or Chapter 21 of the Texas Labor Code, please schedule a consultation today. Consultations are completely confidential. Do not rely on this post as legal advice. This post does not create an attorney-client relationship between the firm and the reader. Do not act in reliance on the contents of this post without seeking the advice of counsel.