Key Takeaways:

  • The ADA is a civil rights law that protects individuals with disabilities from discrimination in the workplace as well as in public settings.

  • A disability is defined by ADA as a physical, mental or neurological impairment that limits an individual’s ability to perform major life activities.

  • Employers are required to provide reasonable accommodations to individuals with disabilities.

  • The ADA offers different rights and protections to individuals to promote equality and fairness for those with disabilities.

In the fight for equality and inclusion in the workplace, the Americans with Disabilities Act (ADA) provides crucial protection to individuals with disabilities, so that they may have the same opportunities as anyone else. Knowing what disabilities qualify for ADA is essential for both employers and HR professionals–not only for ethical reasons, but also to avoid lawsuits arising from discrimination in the workplace. 
 

In this comprehensive guide, we will walk you through the list of disabilities covered under ADA and all the necessary resources you need as an employer or an HR professional to protect your employees from discrimination. 

 

Understanding The ADA: What Qualifies As A Disability?

Enacted in 1990, the ADA is a civil rights law that prevents discrimination against people with disabilities in many different settings–including their workplace, public accommodations, government services, and other everyday activities.
 

Under the ADA, an individual with “disability” can be defined as—
 

  • Someone with a physical or mental impairment that limits one or more major life activities (including but not limited to walking, talking, hearing, etc.).

  • Someone with a medical history or record of having an impairment even if they do not currently have that impairment (for example, someone who had cancer but is now in remission).

  • Someone who is perceived by others to have an impairment (for example scars from an accident). 
     

Regardless of how one may choose to define a “disability”, knowing the list of disabilities covered under ADA can help you ensure that all employees in your company are protected against discriminatory behavior. 
 

Employers, managers and HR professionals need to know about ADA compliance for disabilities because it is their responsibility to make sure that individuals in the workplace are being treated fairly and equally. 

 

Comprehensive List of ADA-Covered Disabilities

The ADA covers a wide range of disabilities under different conditions, broken into five different sections, also called “titles”. Each of these “titles” sets out the conditions that would apply for different organizations.


For instance, Title I of the ADA would apply to employers while Title III of the ADA would apply to nonprofits and businesses that are open to the public. You can see a brief overview of the five different titles of the ADA below.
 

Title I: Applies to employers with 15 or more employees. This includes state or local governments, labor unions, employment agencies, etc.
 

Title II: Applies to state and local government services, as well as public transit systems.
 

Title III: Applies to nonprofits and businesses open to the public (for example gyms, hotels etc.), commercial facilities and privately operated transits.
 

Title IV: Applies to telecommunication companies.
 

Title V: Includes other necessary requirements for implementing the law. 
 

Under the 5 titles mentioned above, the ADA covers various physical, mental and neurological conditions. However, these conditions only qualify as disabilities under ADA if they substantially limit an individual’s ability to perform major life activities.
 

One example of a condition that “substantially limits” an individual is paralysis of the legs, which would hinder the individual’s ability to walk. Since walking is a “major life activity”, this condition would qualify as a disability under the ADA.
 

Similarly, many mental and neurological conditions can substantially limit an individual’s ability to perform major life activities. 

List Of Physical Disabilities That Qualify For ADA

Physical disabilities are any kind of physical impairments that interfere with an individual’s activities. These include, but are not limited to:
 

  • Respiratory conditions such as asthma

  • Mobility impairments

  • Visual impairments

  • Hearing or speech impairments

  • Paralysis

  • Orthopedic impairments

List Of Mental Health Disabilities That Qualify For ADA

Mental health is just as important as physical health. There are many mental health disabilities that are covered by the ADA. These may include:
 

  • Post-traumatic stress disorder (PTSD)

  • Bipolar disorder

  • Depression

  • Anxiety disorders

List of Neurological Disorders And Chronic Health Conditions Under ADA

In addition to the physical and mental health disabilities mentioned above, many neurological and chronic conditions are also covered by the ADA. Neurological conditions could include epilepsy or cerebral palsy as they have a major impact on daily life. 
 

Similarly, chronic illnesses such as diabetes, cancer and AIDS are also covered by the ADA.
 

Additionally, certain impairments resulting from substance abuse in the past may be qualified as a disability under ADA. However, if an individual with a history of substance abuse is currently consuming illegal drugs, or is consuming drugs casually or recreationally, it will not qualify as a disability.
 

It is important to remember as an employer or an HR professional that the ADA protected disabilities list is not exhaustive–every individual has unique needs, and therefore what presents as a disability in one individual may affect another individual differently.

 

Rights and Protections Offered by the ADA

Under the ADA, individuals with disabilities have specific rights and protections, and are allowed to request for certain accommodations. As an employer or HR professional, it’s important to know what rights and protections are offered by the ADA, so that you can be prepared to accommodate employees in your organization accordingly.
 

  • Reasonable Accommodations: These include any activity that allows qualified employees with disabilities to do their jobs. Some examples of “reasonable accommodations” are modified work schedules, assistive devices, etc. Under the ADA, employers are required to provide reasonable accommodations to those who need it.
     

  • Non-Discrimination: This protects employees with disabilities from unethical and unfair behavior. They apply to many different aspects of employment such as during recruitment, training, promotions, job assignments, and termination.
     

  • Accessibility: Any kind of public facilities on your company premises should be accessible to people with disabilities. This could include ramps and elevators, push plates on doors, etc. 

 

Responsibilities of Employers Under ADA

As employers, it is your responsibility to make sure that your company’s policies, business practices and workplace are compliant with the ADA. This responsibility includes:
 

  • Understanding the law: Employers and HR professionals alike must familiarize themselves with the ADA’s requirements.

  • Providing accommodations: Any and all reasonable accommodations must be provided by the employer to individuals who require them. The only exception is if doing so causes undue hardships on the company.

  • Implement Non-Discrimination Policies: It is the employer’s and HR’s duty to establish and enforce policies that prevent discrimination based on disability. Diversity, equity and inclusivity training can help promote and establish non-discriminatory policies in the workplace.

 

Legal Assistance and Resources

Understanding the ADA compliance and requirements can be complex for both employers and employees alike. Resources like the ADA National Network and Equal Employment Opportunity Commission can help you find the information and guidance you need.
 

UpCounsel also has extensive and informative resources on ADA protection as well as guides on when and how to file an ADA complaint which can be useful for employers and employees alike.
 

A safe, inclusive workplace where every individual is given equal opportunities is essential for both employers and employees alike. For employers, complying with the ADA requirements can help you empower every individual on your team, and foster a work environment where people are valued for and recognized for their worth. 
 

If you need further assistance in understanding ADA requirements and how to comply with them, you can post your legal needs on UpCounsel for expert guidance.

 

Frequently Asked Questions

  • What counts as a disability under ADA?  

Any physical or mental impairment that substantially limits one or more major life activities is considered a disability under ADA.

 

  • What diseases are covered by the ADA? 

The ADA covers a wide range of diseases and disorders including diabetes, cancer, and bipolar disorder.

 

  • What is a qualified individual with a disability under the ADA? 

A qualified individual with a disability is someone who has the skills and qualifications to perform a job, with or without reasonable accommodation.

 

  • What are examples of ADA accommodations?  

Examples of ADA accommodations include assistive devices and technology, making workplace facilities accessible, modifying work schedules, etc.