Substantial Limitation

Navigating Substantial Limitations: Understanding ADA Compliance

Decoding Substantial Limitations

Defining Substantial Limitation

A substantial limitation refers to a condition causing severe impairment or disability, impacting major life activities or bodily functions. This includes tasks like walking, reading, or bodily functions such as digestion. If affected, employees require “reasonable accommodations” from employers to perform their job effectively.

ADA Criteria for “Substantial Limitation”

Ensuring Equal Opportunities

Under the Americans with Disabilities Act (ADA), a three-prong definition outlines what qualifies as a disability:

1. Current Disabilities:
   • Physical impairments (e.g., cancer, blindness)
   • Mental impairments (e.g., dyslexia, schizophrenia)
   • Anatomical loss (e.g., loss of an arm)
2. Past Disabilities:
   • Conditions in remission or recovery (e.g., cancer survivor)
3. Disability-Related Discrimination:
   • Discrimination based on disability (e.g., refusal to hire due to burn scars)

Reasonable Accommodations: A Vital Aspect

Ensuring Accessibility

A “reasonable accommodation” refers to modifications enabling impaired individuals to perform essential job functions without creating undue hardship for employers. Examples include accessible parking, service animal allowances, or alternative formats for communication. Employers with >15 employees are typically required to provide such accommodations under the ADA.

Navigating the Reasonable Accommodation Process

Case-by-Case Consideration

1. Disclosure and Documentation:
   • Employees must disclose disabilities, providing documentation from health professionals.
2. Confidentiality Assurance:
   • Employer assures limited disclosure to maintain privacy.
3. Accommodation Agreement:
   • Collaboration to determine an effective accommodation.
4. Implementation Plan:
   • Develop a plan, provide employee training, and document actions taken.
5. Ongoing Communication:
   • Regular communication ensures effectiveness, allowing adjustments as needed.

Legal Denials of Reasonable Accommodation

Ensuring Compliance

A reasonable accommodation can be legally denied if:

• The employee lacks a qualifying disability.
• Documentation from a medical professional is unavailable.
• Essential job functions can be performed without accommodation.
• Accommodation requests are unrelated to disability.
• The requested accommodation poses a direct health or safety threat. If denied, employers must explore alternative, reasonable, and effective accommodations.