What Disabilities or Conditions Are Not Protected Under the ADA?

The Americans With Disabilities Act is a broad law that provides a vast number of protections for ill and disabled workers. But the ADA doesn’t protect every single ailment, illness, or injury.

The ADA says that if you have a disability, your employer must provide accommodations for you at work. A disability is defined as someone whose disability greatly limits one or more life activities.

But temporary or short term illnesses are not protected under the ADA. Some of the more common disabilities or ailments that are not covered by the ADA, include:

Common Cold or Illnesses – The typical illness, such as the flu or a head cold, which is expected to heal and get better, are not considered a disability under the ADA.

Broken Bones – Normal broken bones, which are expected to heal, are not covered. However, if a bone break is so severe that it will cause long lasting impairment, restriction on movement, or long-term pain, those after-effects and long term disabilities might qualify for protection under the ADA.

Physical Characteristics – eye color, height, weight or dominant hands, or shorter limbs, are not considered disabilities. However, they sometimes can be, if they are caused by an underlying cause and if the deviation is outside of a normal range.

As an example, someone with dwarfism might be considered disabled under the ADA, as that person’s height is not within the normal range of adult height. Someone with peripheral nerve disease in their limbs, caused by being very much overweight, might be disabled because of the nerve damage or nerve disability, even though the cause–obesity–is not, by itself, protected under the ADA.

Pregnancy – Pregnancy is not protected specifically by the ADA, but there are other laws which specifically prohibit discrimination and harassment against pregnant women at work. Additionally, other diseases, which may be caused by pregnancy, may be protected under the ADA.

Sprains – Sprained joints generally are expected to heal, and again, are not disabilities protected under the ADA.

“Minor” Mental Health Conditions – Mental health conditions are covered and protected by the ADA. However, they still must meet the requirement to be limiting a life activity.

So, as an example, a day of feeling depressed, or even a onetime event that might depress you, or cause you anxiety for a few days, would not be protected.

However, an actual diagnosis of depression or anxiety or any other mental illness that is chronic and not expected to just “clear up” is protected. And it doesn’t matter that you might have “good days and bad days,” what matters is that the mental illness is long term and not a temporary situation.

Age – Age by itself is not a disability under the ADA, although age discrimination at work because of age remains illegal in the workplace.

Old age may bring other illnesses or ailments or diseases, which often manifest or get worse as we age, and those illnesses are covered by the ADA. So, for example, someone with degeneration in her back, which has gotten worse in the person’s old age, would be protected.

Are you having problems at work because of your illness or disability? Contact the San Jose employment attorneys at the Costanzo Law Firm today.

Source:

dol.gov/agencies/odep/ada/MythsandFacts