What is a Disability?

According to the Americans with Disabilities Act of 1990 (ADA)

An individual with a “disability” is defined as a person who:

• Has a physical or mental impairment which substantially limits one or more of the person’s major life activities (major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working);
• has had a record of such an impairment; or is regarded as having such an impairment.

The ADA Prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, telecommunications, and the United States Congress. To be protected the individual must have a disability or have a relationship or association with an individual with a disability.

According to the California Fair Employment and Housing Act of 1990(FEHA)

The definition of “disability” includes physical disabilities, mental disabilities and medical conditions. A “physical disability” includes a disease, disorder, condition, cosmetic disfigurement or anatomical loss that affects one or more body systems (neurological. Immunological, musculoskeletal, special sense organ, respiratory, speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic, lymphatic, skin and endocrine).

A “mental disability” includes any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. A “medical condition” refers to cancer or to a health impairment related to, or associated with, cancer, for which a person has been rehabilitated or cured.

An individual with a “disability” is defined as a person who:

• has a physical disability, mental disability or medical condition that limits the individual’s ability to participate in major life activities;
• has any other health impairment that requires special education or related services;
• has an illness or defect which is perceived to be disabling;
• has a condition which is not currently disabling, but which may present, or may be perceived as presenting a future health risk or physical problem; or
• has a history of a disability, even if the disability is no longer present.