§12102 Definition of disability

Summary

Defines who counts as having a disability under the law. A person has a disability if they have a physical or mental problem that greatly limits important daily activities, if they have a record of such a problem, or if others treat them as if they have such a problem. Important activities include things like caring for yourself, seeing, hearing, eating, sleeping, walking, learning, concentrating, communicating, and working, and also major body functions (for example immune, brain, digestive, respiratory, circulatory, endocrine, and reproductive systems). The definition must be read broadly to cover as many people as allowed and the meaning of “substantially limits” follows the ADA Amendments Act of 2008. Limiting just one major activity can be enough. Conditions that come and go count if they would limit activity when active. Being “regarded as” disabled covers actions taken because of an actual or supposed impairment, but not short, minor problems that last 6 months or less. When deciding limits, ignore the helpful effects of treatments or devices (like medicine, prosthetics, hearing aids, mobility aids, assistive tech, or accommodations), except ordinary eyeglasses or contact lenses are counted. Ordinary eyeglasses or contact lenses are lenses meant to fully correct vision; low-vision devices are tools that magnify or enhance images.