Definition of Disability
What is a Disability?
A disability is a legal term defined by federal statute and case law. It also has cultural and medical meanings. In order to determine eligibility for services and accommodations the legal construction and meaning of the law has been used to the extent possible. Because of the lack of clarity in the case law and other legal findings as to who exactly qualifies as disabled, the standard for determining disability and eligibility has grown increasingly complex and confusing. Our intent is not to define disability, rather it is to develop guidelines and criteria for interpreting the existing definition as described in legislation and case law.
The American with Disabilities Act (ADA) definition of "Disability"
The ADA defines "qualified individual with a disability" as an individual with a disability who can perform the essential functions of a job with or without reasonable accommodation.
A person is recognized as "disabled" if he/she:
- Has a physical or mental impairment that substantially limits one or more of his/her major life activities
- caring for one's self,
- performing manual tasks,
- walking,
- seeing,
- hearing,
- speaking,
- breathing,
- learning,
- working;
- Has a record of such an impairment;
- Is regarded as having such an impairment.
Additional Information
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"Disability Under the Fair Employment & Housing Act" (www.dfeh.ca.gov)
What you should know about the law.