Substantial Limitation

What Is A Substantial Limitation?

The term "substantial limitation" describes the extent to which a disability prevents a person from performing a major life activity that the average member of the general population is capable of doing, or limits the circumstances in which the average member of the general population is permitted to carry out the same important life activity (e.g., a paraplegic is substantially restricted in the main life activity of "walking," or a blind person is considerably limited in the major life activity of "reading"). The expression should be used broadly, and every situation should be assessed independently.

Reasonable Accommodation

Employers are obligated by the ADA to provide what is known as a "reasonable accommodation," one of your rights, for persons with a recognized impairment, so long as it doesn't put an excessive burden on the business, such as a great deal of difficulty or price.

A quiet or out-of-the-way workplace, extra time off following a hospital stay, a flexible work schedule or task sharing, and enabling the employee to work from home occasionally are all examples of appropriate accommodations for a worker with depression.

What Kind Of Adjustments Are Typically Seen As Reasonable?

• Change job tasks.
• Provide reserved parking.
• Improve accessibility in a work area.
• Change the presentation of tests and training materials.
• Provide or adjust a product, equipment, or software.
• Allow a flexible work schedule.
• Provide an aid or a service to increase access.
• Reassign to a vacant position.

What Are Major Life Activities?

Major life activities are those duties that are crucial to the everyday lives of the majority of individuals. Breathing, walking, talking, hearing, seeing, sleeping, caring for oneself, working, and performing physical labor are a few examples of important life activities. Significant physical processes include those of the immune system, typical cell proliferation, the digestive, intestinal, and urinary systems, as well as the nervous, brain, respiratory, circulatory, endocrine, and reproductive systems, which are also major life activities.

What Does The ADA Define As A Disability?

It's critical to keep in mind that "disability" in the context of the ADA refers to a legal, not a medical, condition. The ADA defines disability differently from how it is defined under some other statutes, such as for Social Security Disability payments, since it has a legal definition.

A person with a disability, as defined by the ADA, is someone whose physical or mental condition seriously limits at least one major activity of daily living. Even if they do not now have a handicap, this includes persons who have a history of a certain impairment. It also covers those who are seen as having a handicap but do not actually have one. A person cannot be discriminated against because of their affiliation with a person with a handicap, according to the ADA.

Who Is Covered By The ADA?

Any physical or mental impairment that restricts the major life activities of a person is considered a disability as per the ADA, as well as any individual who has a history of such an impairment, has been diagnosed with such an impairment, or is thought to have such an impairment by others. Whom the Act protects is not made clear in the law.

The list of disabilities that are covered under the ADA is not exhaustive. That's required because there are many different kinds of impairments, and the Act needs to have a place for everyone who needs it. After all, if an inclusive Act by its very nature excluded people, how beneficial would it be?

Conclusion

The definition of substantial limitation under the legislation includes impairments that are episodic or in remission and includes the inability to execute a significant life activity that the typical member of the general population can accomplish without the use of mitigating measures.

Taking care of oneself, carrying out manual duties, walking, listening, speaking, breathing, learning, working, sleeping, concentrating, reading, communicating, bending, and conducting important physiological processes are all major life activities (immune, digestive, respiratory, circulatory, endocrine, neurological, brain and reproductive systems, bowel and bladder functions, and normal cell growth).

It is not always necessary to consult an expert to determine if a limitation is considerable. Sometimes the individual requesting disability, his or her family, friends, or coworkers' credible testimony may be sufficient.