A substantial limitation is an impairment-related restriction that makes it significantly harder for a person to perform a major life activity compared with most people in the general population. Under the Americans with Disabilities Act (ADA), this is one way a person may meet the law’s definition of disability. The standard is broad and requires an individualized assessment of how an impairment affects the person. A limitation does not have to prevent an activity or severely restrict it, and an impairment affecting one major life activity may be enough for this part of the definition. A diagnosis alone does not establish whether the standard is met. Other parts of the ADA’s disability definition may apply even when a substantial limitation is not established.
Table of Contents
- How the ADA Uses Substantial Limitation
- Which Activities and Functions Can Be Affected
- How an Individual Assessment Works
- How Duration and Treatment Affect the Analysis
- What the Term Means in Workplace Situations
How the ADA Uses Substantial Limitation
The phrase matters because the ADA’s definition of disability includes a physical or mental impairment that substantially limits one or more major life activities. This is one of three ways to meet that definition. A person may also qualify because they have a record of a substantially limiting impairment. A person may qualify under the law’s rules for being regarded as having an impairment as well. The ADA’s statutory definition of disability sets out these separate bases.
In employment, the disability definition is a threshold issue rather than a complete answer to every workplace question. Whether a person is protected and what obligations follow depend on the applicable ADA provisions and the circumstances. In an accommodation matter, disability status is distinct from questions about job qualifications or whether a particular adjustment is reasonable. State and local laws may provide additional or different protections. The federal ADA definition is therefore not necessarily the only rule that applies.
Which Activities and Functions Can Be Affected
Major life activities include more than basic physical tasks. The ADA recognizes activities such as caring for oneself, eating and sleeping. It also covers standing, lifting and reading. Concentrating, learning, interacting with others and working are included as well. Major bodily functions can qualify in their own right. These include the operation of an individual organ within a body system.
The list is not exhaustive. A person does not have to show limitations in several activities because a substantial limitation in one major life activity can meet this part of the definition. For example, an impairment may affect concentrating even if the person can walk and communicate without difficulty. An impairment may instead affect the operation of the endocrine system. The relevant activity depends on how the impairment affects the individual. It does not depend on whether the condition is visible or familiar. The federal regulations provide examples and rules for interpreting these activities in the ADA definition and regulations.
How an Individual Assessment Works
The assessment considers how the impairment affects the person’s ability to perform the relevant activity compared with most people. Depending on the facts, useful considerations may include the conditions under which the activity is performed. The way the person performs it may also matter. So may the amount of time the activity takes or how long it can be sustained. Difficulty, pain or extra effort may help describe a restriction. Effects on a bodily function may also be relevant. No single factor automatically decides the outcome.
The ADA standard is intentionally broad and does not demand an extensive or unusually strict showing. A person need not be unable to perform an activity. The comparison usually does not require medical or statistical evidence. A person’s description of functional effects may help explain the circumstances. Relevant medical information may also be useful, but a diagnosis by itself does not establish the degree of limitation. The Equal Employment Opportunity Commission explains these principles in its ADA questions and answers.
How Duration and Treatment Affect the Analysis
A limitation may qualify even if it is not permanent. The ADA’s definition does not impose a general minimum duration for an actual disability. A temporary impairment can therefore meet the standard if its effects are substantially limiting during the relevant period. Whether it does depends on the individual facts. The nature and degree of the effects are relevant to that assessment.
An impairment that comes and goes, or is in remission, is considered based on whether it would substantially limit a major life activity when active. The analysis generally disregards the beneficial effects of mitigating measures. Such measures include medication, assistive technology and mobility devices. Ordinary eyeglasses and contact lenses are an exception because their corrective effects are considered. A condition should not be dismissed simply because treatment currently helps control its effects.
What the Term Means in Workplace Situations
For employees and applicants, a substantial limitation can be relevant when seeking protection under the ADA or discussing a workplace accommodation. It does not by itself determine whether a particular accommodation is required or appropriate. Employers may need to consider the facts of the request under applicable law. This includes whether the person can perform the job’s essential functions with or without reasonable accommodation. A job description can help explain the role’s stated duties. The document alone does not settle which functions are essential.
In contingent workforce programs, a workplace concern may need to be routed to the organization responsible for responding under the applicable arrangement and law. A staffing or workforce program may involve both a client worksite and a staffing employer. The parties should understand their respective responsibilities rather than assume that the worker’s assignment label resolves them. A clear description of conditions of employment can support consistent processes. It does not replace an individualized review or determine legal coverage. Employers should also handle medical information carefully and limit access as required by applicable law.
