Note: On September 25, 2008, the President signed the Americans with Disabilities Act (ADA) Amendments Act of 2008. Please see: Accommodation and Compliance Series: The ADA Amendments Act of 2008 (http://www.jan.wvu.edu/bulletins/adaaa1.htm) for additional information.

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for employees with disabilities. However, the ADA does not contain a list of medical conditions that constitute disabilities. Instead, the question of whether an employee has a disability is answered on a case by case basis, considering how the specific employee is affected by his/her medical condition. As a result, one of the more frequent questions JAN consultants get is whether a particular employee has a disability. Although JAN consultants cannot answer that question, they can provide information about the ADA's definition of disability and guidance regarding how to determine whether an individual meets that definition.

What is the ADA's definition of disability?

The ADA contains a broad definition of disability. A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities. To determine whether a particular employee has a disability you must first determine two things: 1. Whether the employee has an impairment, and
2. Whether the employee's impairment substantially limits one or more major life activities.

In addition, a person can meet the ADA's definition of disability by having a record of or being regarded as having an impairment that substantially limits one or more major life activities.

For additional information regarding the definition of "disability," "impairment," "substantially limits," and "major life activities" visit: Definition of the Term Disability (EEOC Guidance) at http://www.eeoc.gov/policy/docs/902cm.html.

How can employers determine whether an employee has a disability when the employee requests accommodation?

When an employee requests a reasonable accommodation and the employee's disability or need for accommodation is not known or obvious, an employer may request medical documentation that shows whether the employee has an impairment and whether that impairment substantially limits one or more major life activities.

For additional information and a sample medical inquiry form for determining disability, visit: http://www.jan.wvu.edu/media/Medical.htm.

How can employees determine whether they have a disability under the ADA?

To be entitled to an accommodation under the ADA, employees must meet the ADA's definition of disability. Unfortunately, it can be difficult or impossible to determine for sure whether someone meets the ADA's definition of disability before making an accommodation request. Employees who need accommodation can review the definition of disability and if they believe they meet the definition, they can proceed with their accommodation request. Employees may want to attach medical documentation to their accommodation request to show that they have an impairment (this usually means a diagnosis) and to show how the impairment limits them in their major life activities. Major life activities include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (This list is not an exhaustive list of all major life activities.)

Even if employees do not think that they meet the ADA's definition of disability, they may want to discuss accommodation needs with their employers anyway; some employers may choose to accommodate employees even if they do not meet the ADA definition of disability.

For ideas regarding how to make a written accommodation request, visit:
Accommodation Request Letter at http://www.jan.wvu.edu/media/accommrequestltr.html.

      

Reviewed 09/12/08.