• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Bolek Besser Glesius LLC

Bolek Besser Glesius LLC

Devoted to Justice

  • Home
  • Practice Areas
    • Employment Law
      • Wrongful Termination
      • Workplace Retaliation & Whistleblower Cases
      • Sexual Harassment
      • Age Discrimination Attorney
      • Disability Discrimination
      • Pregnancy Discrimination
      • Race Discrimination
      • Family Medical Leave Act
      • Overtime Pay and Minimum Wage
      • Employment Contracts & Severance Packages
      • Restrictive Covenants & Non-Compete Agreements
      • Executive Compensation
      • View All
    • First Amendment Lawyers
      • Ohio Free Speech Attorneys
        • Government Employee Free Speech
        • Student Free Speech Rights in Ohio
        • Significant Ohio Free Speech Cases
      • Religious Freedom
    • Appellate Practice
    • Small Business Litigation
  • About Us
    • Cathleen M. Bolek
    • Matthew D. Besser
    • Amy S. Glesius
    • Kelly S. Rochotte
  • Results
  • FAQ
  • Articles
  • BBG Newsroom
  • Contact
  • Blog
(216) 464-3004
Contact Us Now
GET HELP NOW
CALL US NOW

What is the Definition of “Disability” under the ADA?

June 4, 2014 By Matthew Besser Leave a Comment

Disability discrimination is one of the most common types of employment discrimination we see in the Cleveland area. Yet determining whether an employee meets the statutory definition of having a “disability” under the Americans with Disabilities Act (the “ADA”) or its Ohio counterpart can be a difficult threshold question.

The term “disability” under the ADA generally means the employee has a “physical or mental impairment that substantially limits one or more of the major life activities of such individual.” 29 C.F.R. § 1630.2(g)(1). This definition requires consideration of several different things.

First, does the employee have a physical or mental impairment? Typically, this part of the analysis is not difficult. Of course an impairment includes diseases like cancer and multiple sclerosis, but it could also include things like depression, PTSD, or cosmetic disfigurement.

The second and third part of the analysis can be trickier. It must be determined whether the impairment “substantially limits” one or more “major life activities.” Major life activities include tasks such as caring for oneself, seeing, hearing, eating, sleeping, walking, thinking, communicating, and others. The term also applies to proper functioning of the body’s various organs and systems. Impairments are substantially limiting if they cause difficulty performing the major life activity when compared to the general population. These are often factually intensive questions that require considerable analysis.

Until Congress amended the ADA in 2008, courts construed the definition of disability very narrowly, particularly with respect to the phrase “substantially limits.” As a result, many disability discrimination cases were thrown out because the employee could not meet the technical definition as it was then interpreted. With the 2008 amendment, Congress made clear that the definition of disability is to be interpreted broadly in favor of protection for employees. While not every impairment constitutes a disability, the focus in disability discrimination cases has shifted away from whether there is a “disability,” to whether there was discrimination.

Even if the employee does not meet the definition for disability set out above, the ADA and Ohio disability discrimination laws might still offer protection. That is so because it is also illegal to discriminate against employees who are not actually disabled, but instead are “regarded as” disabled. For example, an Ohio employer who fires an employee because of the mistaken belief the employee has a disease such as HIV violates the disability discrimination laws, even if the employee does not have the disease. Similarly, the ADA prohibits employers from firing employees because they have a “record of” a disability, even if the employee does not currently have a disability. An example would be refusing to hire an employee because he or she is in remission from cancer.

As I said at the outset, determining whether an employee has a “disability” under the ADA or Ohio law can be very complex. If you think you have been the victim of disability discrimination, you should consult with an experienced employment discrimination attorney to help you navigate these tricky waters.

Filed Under: Disability discrimination Tagged With: disability discrimination

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Best Law Firms - Regional Tier 1 BadgeBest Lawyers Amy Glesius Lawyer of the Year BadgeMartindale AV Rated BadgeSuper Lawyers Top 100 Badge BBB Accredited Business BadgeMillion Dollar Advocates Badge

Contact Us Now

  • Hidden
  • This field is for validation purposes and should be left unchanged.

U.S. News Best Law Firms 2019 BadgeBest Lawyers Amy Glesius Lawyer of the Year BadgeSuper Lawyers Top 100 BadgeMartindale AV Rated BadgeBest Law Firms - Regional Tier 1 Badge

Contact Us Now

  • Hidden
  • This field is for validation purposes and should be left unchanged.

Footer

Social

Follow along on social media.

  • Facebook
  • LinkedIn
  • Twitter

Our Cleveland Office

Monarch Centre

5885 Landerbrook Drive, Suite 302

Cleveland, OH 44124

Contact Now

Phone: 216-464-3004

Disclaimer | Privacy Policy

Contact Our Firm

Monarch Centre

5885 Landerbrook Drive, Suite 302

Cleveland, OH 44124

Contact Now

Phone: 216-464-3004

Disclaimer

Copyright © 2025 · Business Pro Theme on Genesis Framework · WordPress · Log in

  • Home
  • Practice Areas
    ▼
    • Employment Law
      ▼
      • Wrongful Termination
      • Workplace Retaliation & Whistleblower Cases
      • Sexual Harassment
      • Age Discrimination Attorney
      • Disability Discrimination
      • Pregnancy Discrimination
      • Race Discrimination
      • Family Medical Leave Act
      • Overtime Pay and Minimum Wage
      • Employment Contracts & Severance Packages
      • Restrictive Covenants & Non-Compete Agreements
      • Executive Compensation
      • View All
    • First Amendment Lawyers
      ▼
      • Ohio Free Speech Attorneys
        ▼
        • Government Employee Free Speech
        • Student Free Speech Rights in Ohio
        • Significant Ohio Free Speech Cases
      • Religious Freedom
    • Appellate Practice
    • Small Business Litigation
  • About Us
    ▼
    • Cathleen M. Bolek
    • Matthew D. Besser
    • Amy S. Glesius
    • Kelly S. Rochotte
  • Results
  • FAQ
  • Articles
  • BBG Newsroom
  • Contact
  • Blog