Chapter 5 - § 5.4 • WHAT IS A "DISABILITY" UNDER THE ADA AND THE REHABILITATION ACT?

• Jurisdiction: Colorado

§ 5.4 • WHAT IS A "DISABILITY" UNDER THE ADA AND THE REHABILITATION ACT?

The interpretation of the ADA's definition of "disability" was substantially changed by the ADAAA. The ADAAA mandates that the definition of disability must be construed in favor of broad coverage. It expressly rejects the Supreme Court's previous holdings in Sutton v. United Airlines, Inc., 527 U.S. 471 (1999) and Toyota Motor Mfg., Kentucky, Inc. v. Williams, 534 U.S. 284 (2002), which had narrowed the scope of the ADA's protection. Pub. L. 110-325, § 2, 122 Stat. 3553 (a)(4)-(5) (Sept. 25, 2008).

Practice Pointer
In researching the ADA, practitioners must be aware that pre-ADAAA regulations and cases applying pre-ADAAA law may be significantly more restrictive than current law in defining the terms "disability," "substantially limits," and "major life activities," as well as how mitigating measures and "regarded as" claims are dealt with.

In order for a plaintiff to establish that he or she has a disability within the meaning of the ADA or Rehabilitation Act, the plaintiff must show one of the following: (1) that he or she has an impairment that substantially limits a major life activity; (2) that he or she has a record of an impairment that substantially limits a major life activity; or (3) that he or she is regarded as having an impairment that substantially limits a major life activity. 42 U.S.C. § 12102(2); 29 U.S.C. § 706(8)(B).

§ 5.4.1—Physical Or Mental Impairment That Substantially Limits A Major Life Activity

Major Life Activities

One method of establishing disability under the ADA and Rehabilitation Act is to show that the plaintiff has a physical or mental impairment that substantially limits one or more of his or her major life activities. The ADAAA lists examples of "major life activities" that include, but are not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working." 42 U.S.C. § 12102(2)(A).

Major life activities also expressly include the operation of a major bodily function, including, but not limited to, functions of the immune systems, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. 42 U.S.C. § 12102(2)(B).

Practice Pointer
When proving substantial impairment of a major bodily function, the practitioner should

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