Not all medical conditions are “disabilities” under the Rehabilitation Act which require the agency to provide reasonable accommodation. The Act applies to a person who has a physical or mental impairment that substantially limits one or more major life activities (like sitting, standing, or sleeping). The Act covers more than just people who have “classic” physical disabilities, such as those who are deaf, people who are blind, or people who use wheelchairs. People who have physical conditions such as epilepsy, diabetes, HIV infection or severe forms of arthritis, or carpal tunnel syndrome may be individuals with disabilities. Additionally, the Rehabilitation Act covers people with mental disabilities, such as major depression, bipolar (manic-depressive) disorder, and mental retardation may also be covered.
Many EEOC and court cases discuss what impairments may constitute covered disabilities under the Rehabilitation Act. The key initial inquiry is whether the impairment substantially limits a major life activity. Major life activities “are those basic activities that the average person in the general population can perform with little or no difficulty.” Some major life activities are: eating, sleeping, walking, learning, thinking, housework, bowell control, sex, reproduction, and breathing.
The following are not major life activities: driving to work, shopping, housework beyond basic chores, running, jumping, and strenuous exercise. One court as even held that “keyboarding” is not a major life activity-but that view is likely to change. It does not matter what the impairment is if it does not substantially limit a major life activity. In the absence of impact on a major life activity, the impairment will not constitute a disability.
The next inquiry is whether the limitation is “substantial.” The term “substantially limits” is a comparative term that implies a degree of severity and duration. The determination of whether an impairment substantially limits a major life activity can be made only with reference to a specific individual. To determine if a limitation is substantial consider the nature, severity, and duration of the impairment. Obsessive compulsive disorder has been held to be covered where the condition caused the employee to take significantly more time to accomplish basic tasks (washing, dressing) than the average person. Impairments such as epilepsy, psoriasis, and insulin-dependent diabetes have been held to substantially limit a major life activity. Obesity is generally not a covered disability (unless morbidly obese). The EEOC and the courts must consider if mitigating measures (e.g., medication, eyeglasses) ameliorate the limittation. Therefore, asthma, where it is correctable by medication; high blood pressure, controllable by medication, and vision problems, corrected by eyeglasses, do not constitute substantially limiting impairments. Also, temporary impairments are not covered by the Act.
Keep in mind that the determination of whether an impairment substantially limits requires an individualized assessment. A similarly-named impairment my limit one employee, but not another. For example, monocular vision may or may not be a covered disability, depending on the limitations it presents. If there are questions or disputes about whether a condition is entitled to the protection of the Rehabilitation Act, consult with an experienced EEO practitioner.
** This information is provided by the attorneys at
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