Under the Americans with Disabilities Act of 1990 (ADA), a person is an
individual with a disability if he or she falls into one of the following categories: An
individual with an actual disability; an individual with a record of a disability; or
an individual who is regarded or treated as if he or she has a disability ("regarded
as").6 In addition to having a disability, to be protected under Titles I and II of the
ADA, an individual must be a qualified individual with a disability. The ADA defines
a "qualified individual with a disability" as a person who can perform essential job
functions with or without the provision of reasonable accommodation (§ 12111
(8)).
In 1999, the U.S. Supreme Court concluded that mitigating measures,
things that may be done to correct or mitigate an individual's impairment, must
be considered when determining whether an individual has a disability under
the ADA (Sutton v. United Air Lines, Inc., 1999). The Court held that one may
have a disability under § 12102(A) of the ADA if they are substantially limited in
a major life activity despite the mitigating measures. For example, in Bragdon
v. Abbott (1998), the Court decided asymptomatic HIV disease is a disability
within the language of the ADA. The Court held that from the moment of infection
asymptomatic HIV disease is a physical impairment that substantially limits the
major life activity of reproduction, and thereby a covered disability under the ADA.
Ultimately, determining whether an individual is disabled under the ADA requires
an individualized inquiry in each case.
Subsequently, interpretation of the ADA's phrase "substantially limited"
was the issue in Toyota Motor Manufacturing v. Williams (2002). The Supreme
Court held that for a plaintiff to be substantially limited in performing manual
tasks, the plaintiff must demonstrate an impairment that prevents or severely
restricts activities of central importance to people's everyday lives. Household
chores, bathing, and brushing one's teeth are among the manual tasks of central
importance to people's daily lives (Toyota Motor Manufacturing v. Williams, p.
202).
In the U.S., the benefits programs of the Social Security Administration,
which administers federal government programs, including disability insurance
programs and the supplemental security income program (SSI) for the aged, blind
and disabled, use definitions of disability to qualify for benefits that are different
than the ADA's definitions.8 SSDI provides monetary benefits to an insured
individual who "is under a disability" (Social Security Act, 42 U.S.C. § 423 (a)(1)
(2000)). Disability is defined as an "inability to engage in any substantial gainful
activity by reason of any . . . physical or mental impairment which can be expected
to last for a continuous period of not less than 12 months" (§ 423 (d)(2)(A)).
5. This section draws from Part 2, Chapter 3, Section 3.1 of Blanck, et al., supra note 2. For full discussion of the intricacies of the definition of disability under the ADA, see Treatise, Chapter 3 in its entirety.
6. 42 U.S.C. § 12102(2)(A) (2000);#Id. § 12102(2)(B);#Id. § 121022(C).
7. Id. § 12111(8).
8. See generally Social Security Online, http://www.ssa.gov/org/ssaorg.htm.