3.5 3. Substantial Limitation

LibraryDisability Law and Practice, Vol. 3 (NY) 2017

3.. Substantial Limitation

In determining whether or not a particular impairment constitutes a “substantial limitation,” several factors must be considered.

The definition of disability must be construed in favor of broad coverage and interpreted consistently with the findings of the ADA Amendments Act of 2008.7 In addition, an impairment that limits one major life activity need not limit other major life activities, and impairments that are episodic in nature are covered if the impairment would substantially limit a major life activity when active.8 These are significant changes, and one must be very careful in citing pre-ADAAA case law on the ADA definition of disability.

The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as:

1.. Medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;

2.. Use of assistive technology;

3.. Reasonable accommodations or...

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