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The Americans with Disabilities Act of 1990 has the largest range of impacts on the U.S. workplace from the Civil Rights Act of 1964. However, many Americans are confused about the meaning of key terms used in the law. This article reveals the confusion about disability clarifies the term and what conditions are covered and which are not.
The ADA defines disability as:
An impairment physical or mental impairment that substantially limits one or more major life activities of such person … or a record of such an impairment … or is regarded as having such an impairment.
The ADA covers more than people who are deaf, blind or use wheelchairs. This also includes:
- People who have physical conditions, such as medical conditions, cosmetic disfigurement and severe damage or loss of a body part or system. Examples include: epilepsy, paralysis, diabetes, multiple sclerosis, HIV infection, or severe forms of arthritis, hypertension, syndrome carpal tunnel. Also alcoholism.
- People with mental disabilities such as mental illness or mental retardation, learning disabilities and psychological disorders. Examples include: major depression, bipolar disorder (manic-depressive) disorder, dyslexia, and mental retardation.
But when it comes to matters of the ADA, you should avoid participating in medical diagnosis. Instead, focus on the impact a disability has on a person's life.
That brings us to the major life activities. Nothing mysterious here – seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, self-care, work, etc.
So far we have been talking about the actual deficiencies. The ADA also includes:
- A person with a record of any such deterioration. For example, cancer that is now in remission, a recovering alcoholic, or a person has recovered from mental illness.
- A person who is regarded as having such impairment, especially if you were to act on myths, fears, or stereotypes. For example, although AIDS is a disability, homosexuality is not. However, if an employer is treating homosexuals as having AIDS, which would covered by the ADA.
- A person who is associated with people with disabilities. For example: A person whose spouse has a disability and employer is concerned about excessive absenteeism or the cost of health insurance. Or someone who volunteers to work for people with AIDS and there is an unjustified fear of infection.
Not all physical or mental conditions are covered, however. The following are not protected under the ADA:
- Children, not the short-term chronic conditions, such as a sprain, a broken limb or the flu.
- Individuals who currently engage in illegal drug use.
- Advanced age or pregnancy. [These are covered by other legislation, but not as a disability.]
- Compulsive gambling, kleptomania and Pyromania.
- Homosexuality, bisexuality, transvestism, disorders of sexual behavior .* [Homosexuality and bisexuality are protected by many state and local laws, but not as a disability.]
- The performance limitations of work, because strictly environmental, cultural or economic factors such as poverty. Example: Inability to read due to dyslexia is covered, but due to lack of education is not covered.
- Performance Issues work, due strictly to the personality or character traits, for example, irresponsibility, bad mood, computer phobia, shyness.
* [Note: This group of sexual orientation is disordered as presented in the publications of the federal government, not as the authors have been fixed.]
The Grimmes conduct customized onsite training workshops and large group presentations for organizations in every sector of the economy. Their groundbreaking book on managing people in today’s workplace will be published by AMACOM in the second half of 2008. Visit their main website at http://www.GHR-Training.com and topic-specific http://www.Employee-Retention-HQ.com and read issues of their own e-newsletter at http://www.WorkplacePeopleSolutions.com
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