In this short blog, an Irvine employment attorney addresses the definition of “disability” according to the Americans with Disabilities Act and the Americans with Disabilities Amendment Act.
ADA and ADAAA
The Americans with Disabilities Act of 1990, or ADA, established the laws intended to prevent discrimination in the workplace. It also set out a standard definition of what constitutes a disability, which was further enlarged upon by the Americans with Disabilities Amendment Act of 2008, or ADAAA, in the following quotation: “[t]he definition of disability … shall be construed in favor of broad coverage of individuals … to the maximum extent permitted by the terms of [the ADAAA].”
While the ADA forbade unfair treatment of people who had disabilities, the ADAAA amended that to forbid unfair treatment of anyone due to their disability.
Your Irvine employment lawyer can quote the following definition of “disability” under the ADA:
- A limitation of mind or body that inhibits more than one function of life;
- Documentation of such limitation; and
- To be perceived as possessing this type of limitation.
This definition is specific to ADA and ADAAA as opposed to definitions recognized by other organizations in the private or public sectors. If you were denied a disability claim and you and your Irvine employment lawyer wish to submit a complaint under ADA that you have been discriminated against, you must demonstrate consistency with ADA provisions.
If You Need Assistance
For help or more information, don’t hesitate to contact Daily Aljian LLP, your Irvine employment attorney, by calling 949-861-2524 as soon as possible.