Defining Disability

Almost one out of every five Americans has a disability, according to the 2000 census. The Americans with Disabilities Act of 1990 (ADA) prevents employers from discriminating against qualified employees or potential hires due to a disability. However, many people are unaware of what constitutes a disability. Disability is a term that encompasses a wide range of conditions, and may be physical, cognitive, or even “invisible,” or not readily observed. According to the U.S. Equal Employment Opportunity Commission:

“An individual with a disability is a person who:

• Has a physical or mental impairment that substantially limits one or more major life activities;
• Has a record of such an impairment; or
• Is regarded as having such an impairment.”

This broad definition attempts to include the widest possible estimate of disabled people, and generally, disabilities fall into the following impairment categories:

• Mobility—A person is limited in his or her movement. A wheelchair, walker, or crutches might be used.
• Cognitive—A person is impaired in his or her ability to learn, reason, or understand. The two categories of cognitive impairment are mental retardation and learning disabilities.
• Oral/Speech—A person has problems with articulation or lacks vocal strength. An interpreter or device may be used to help increase communication ability.
• Visual—A person has limited vision, including problems perceiving brightness, color, light, or to distinguish images.
• Auditory—A person has impaired hearing, from limited hearing loss to complete deafness. People with auditory impairments may read lips and use sign language or an interpreter.

Contact Us

If you or a loved one has a disability and has faced discrimination in the workplace, contact the Houston employment attorneys of the Ross Law Group at 713-482-6910.