Legal Definitions - disability

In legal terms, "disability" can refer to different concepts depending on the context, but it primarily addresses a condition that impacts an individual's ability to function or participate in society, or their legal capacity to act.

The most common understanding of disability in civil rights law comes from the Americans with Disabilities Act (ADA), a landmark civil rights law that prohibits discrimination against individuals with disabilities. Under the ADA, an individual is considered to have a disability if they meet one of the following criteria:

• Actual Disability: The individual has a physical or mental impairment that substantially limits one or more major life activities.
  • A physical impairment could be any physiological disorder or condition affecting one or more body systems (e.g., neurological, musculoskeletal, respiratory).
  • A mental impairment could be any mental or psychological disorder (e.g., intellectual disability, organic brain syndrome, emotional or mental illness).
  • Major life activities are fundamental activities that an average person can perform with little or no difficulty, such as breathing, walking, seeing, hearing, speaking, learning, concentrating, thinking, communicating, or caring for oneself. "Substantially limits" means the impairment significantly restricts the ability to perform these activities compared to most people.
• Record of Disability: The individual has a history of, or has been misclassified as having, such an impairment. This protects individuals who have recovered from a disability or were mistakenly thought to have one.
• Regarded As Disabled: The individual is subjected to an adverse action (like being fired or denied service) because of an actual or perceived physical or mental impairment, whether or not the impairment actually limits a major life activity.

Separately, in the context of contracts and legal agreements, "disability" can refer to a lack of legal capacity to enter into a binding agreement. This typically applies to minors or individuals whose severe mental or physical impairment prevents them from understanding the nature and consequences of a contract.

Examples Illustrating "Disability"

• Example 1 (Actual Disability under ADA): A graphic designer develops a severe form of rheumatoid arthritis, causing chronic pain and stiffness in her hands and wrists. This condition makes it extremely difficult for her to use a computer mouse and keyboard for extended periods, which are essential tasks for her job. Her condition substantially limits her ability to perform manual tasks and work, which are major life activities. Under the ADA, she has an actual disability, and her employer would need to consider reasonable accommodations, such as specialized ergonomic equipment or modified work duties.

• Example 2 (Regarded As Disabled under ADA): A person who has fully recovered from a serious illness, such as a rare form of cancer, applies for a new job. During the interview process, the hiring manager learns about their medical history and, despite the person being fully healthy and capable, decides not to hire them out of an unfounded fear that the illness might recur and lead to future absences. In this scenario, the applicant is being "regarded as disabled" because the employer is making an adverse employment decision based on a perceived impairment, even though the individual is not currently limited by it.

• Example 3 (Contractual Disability): A 15-year-old high school student attempts to purchase a new car from a dealership by signing a financing agreement. In most jurisdictions, individuals under the age of 18 are considered minors and are legally deemed to lack the full capacity to enter into binding contracts. Therefore, the student is under a legal "disability" in this context, meaning the contract they sign would typically be voidable at their option, protecting them from potentially unfavorable agreements.