The Law and Disability
The purpose of this section is to increase your awareness of laws regarding disability. It is not intended to substitute for an attorney; rather, it is hoped that this information will equip you with working knowledge relative to disability law.
Americans with Disabilities ActThe Americans with Disabilities Act of 1990 (ADA) is a federal antidiscrimination statute modeled in part on the Civil Rights Act (CRA) of 1964. Prior to the ADA, the forty-three million Americans having one or more physical or mental disabilities had no legal recourse, which left them defenseless against discrimination, a serious and pervasive social problem. The CRA prohibits consideration of differences; the ADA requires consideration of differences. ADA is about accommodations which assure equality of opportunity, full participation, independent living, and economic self-sufficiency. In short, ADA is a national law mandating the elimination of discrimination against disabled people.
Because accommodations must be tailored to individual needs, ADA is designed to approach each decision case-by-case. So, ADA establishes guidance parameters within the statute taking into consideration two conditions: duration of impairment and the extent that it limits a major life activity.
Defining "Disabled"It is very difficult to define a disabled person. There are forty-three federal definitions and literally thousands of state, county, and local descriptions. According to The American Disability Act (ADA), the term disability means:
Because "impairment" plays a significant role in all ADA-covered discrimination, some preliminary remarks might help clarify this tricky term and concept. There are two manifestations of impairment: physical and mental. In some cases, consideration of impairment can be modified by judicial consideration.
The disabled person's limitation must be found to be substantial. The nature and severity of the impairment are considered. The criteria includes manner, duration, and conditions under which non-disabled people are able to perform that activity. Finally, the permanent or long term impact, and the residual effects, are considered.
The effects of making accommodations, assistive devices, or medication cannot be considered in the determination of a disability. Thus, a severely hearing-impaired person isconsidered substantially limited regardless of their ability to use a hearing aide.
Record of ImpairmentTo have a record of impairment means to have a history of an impairment that substantially limites a major life function, such as a record of recovering from an impairment. So, discrimination based on a past impairment is prohibited. Examples of past impairment would include cancer, heart disease, or mental illness.
Regarded as ImpairedThe law prohibits discrimination against people based on a perceived impairment limiting a major life function. Examples would be:
