Not Covered as a Disability Under ADA (2024)

Some examples of impairments not covered under ADA may be: appendicitis, short bouts of depression, weight conditions within normal ranges, normal height deviations, traits and behaviors, cultural or economic disadvantages, normal pregnancies, quick temper, poor judgment, irritability, physical characteristics such as being left-handed, hair color, eye color, hom*osexuality, bi-sexuality, gender disorders, broken limbs, gambling addiction, eye or hair color, height, weight, lack of education, old age, poor judgment, sprains, current use of illegal drugs, sexual behavioral disorders, and disorders caused by the use of illegal drugs.

Stress
According to the EEOC, stress may be shown to be related to a mental or physical impairment. Similarly, traits such as irritability, chronic lateness, and poor judgment are not, in themselves, mental impairments, although they may be linked to mental impairments.

Other Examples of Non-covered Conditions
Broken limbs, sprains, concussions, appendicitis, common colds, or influenza generally would not be disabilities. A broken leg that heals normally within a few months, for example, would not be a disability under the ADA. However, if a broken leg took significantly longer than the normal healing period, and during this period the individual could not walk, he or she would be considered to have a disability. Or, if the leg did not heal properly, and resulted in a permanent impairment that significantly restricted walking or other major life activities, he or she would be considered to have a disability.

This list is not all inclusive and does not cover all possible scenarios related to these conditions. Additionally, each individual should be assessed on a case-by-case basis. Complications to common non-covered conditions can often result in eligibility under ADA.

Not Covered as a Disability Under ADA (2024)

FAQs

Not Covered as a Disability Under ADA? ›

Some examples of impairments not covered under ADA may be: appendicitis, short bouts of depression, weight conditions within normal ranges, normal height deviations, traits and behaviors, cultural or economic disadvantages, normal pregnancies, quick temper, poor judgment, irritability, physical characteristics such as ...

What is not considered a disability under the ADA? ›

Under the ADA, impairments must be considered physiological or mental disorders. For example, impairments that aren't covered under this definition of ADA disability include: Broken bones that heal completely. All forms of cancer. Common cold or the flu.

What is considered a violation of ADA? ›

It is a violation of the ADA to fail to provide reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability, unless to do so would impose an undue hardship on the operation of your business.

Which of the following is not a disability law? ›

The Veteran Readjustment Act is not a disability law. It is a law that provides benefits to veterans who have been disabled during their service. The other three options are disability laws. The Air Carrier Access Act prohibits discrimination against people with disabilities on commercial airlines.

What mental health conditions are covered under ADA? ›

It is important to note that not all diagnosed mental health conditions are considered disabilities under the ADA, because the definition of disability states that an impairment must “substantially limit one or more major life activity.” Examples of mental health conditions may include depression, anxiety, PTSD, or ...

Which of the following is not considered a disability? ›

Similarly, traits such as irritability, chronic lateness, and poor judgment are not, in themselves, mental impairments, although they may be linked to mental impairments. Broken limbs, sprains, concussions, appendicitis, common colds, or influenza generally would not be disabilities.

What is not an example of ADA accommodations? ›

Reasonable accommodation does not include removing essential job functions, creating new jobs, and providing personal need items such as eye glasses and mobility aids. Nothing in the ADA prohibits employers from providing these types of accommodations; they simply are not required accommodations.

Is anxiety a disability ADA? ›

Under the ADA, anxiety disorders receive the same protection as any other disability. This means employers and businesses can't discriminate against you due to your condition. Not only does this make exclusion based on a disability illegal, but it also makes inclusion mandatory.

How does the ADA define disability? ›

An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.

Which of the following is not subject to the ADA? ›

The ADA does not apply to religious organizations and private clubs, entities which historically have been exempt from federal civil rights laws. Places of worship and other facilities controlled by a religious organization, such as a school or day care center, are not subject to the ADA Standards.

Which of the following is not a type of disability? ›

Expert-Verified Answer. b) ASD is not a disability.

Which two are not categories of disability under idea? ›

Specific Learning Disability

The term does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, mental retardation, emotional disturbance, or environmental, cultural, or economic disadvantage.

Is hearing loss a disability under ADA? ›

[4] People with a variety of hearing conditions (including deafness, being hard of hearing, experiencing ringing in the ears, or having sensitivity to noise) may have ADA disabilities.

What is an example of a mental health violation of the ADA? ›

Failure to Accommodate Mental Health Conditions

For example, an employee with anxiety may need a private workspace or a flexible schedule to manage their symptoms. If the employer fails to provide these accommodations, this could be a violation of the ADA.

Can you lose your job because of a medical condition? ›

It is illegal for your employer to terminate you based on a medical condition unless the medical condition stops you from performing essential job duties, even with reasonable accommodations.

What chronic illnesses are covered by the ADA? ›

Examples of Disabilities
  • Cancer.
  • Diabetes.
  • Post-traumatic stress disorder.
  • HIV.
  • Autism.
  • Cerebral palsy.
  • Deafness or hearing loss.
  • Blindness or low vision.

Is anxiety an ADA disability? ›

Moreover, the ADA's definition of a mental impairment includes any emotional or mental illnesses, such as anxiety disorders. Anxiety disorders include panic disorder, obsessive compulsive disorder, and post-traumatic stress disorder.

Does ADHD count as a disability? ›

Yes. Whether you view attention deficit hyperactivity disorder (ADHD) as neurological — affecting how the brain concentrates or thinks — or consider ADHD as a disability that impacts working, there is no question that the federal Americans with Disabilities Act (ADA) covers individuals with ADHD.

Is alcoholism a disability under ADA? ›

The ADA applies to addiction to alcohol and to the illegal use of drugs differently. Addiction to alcohol is generally considered a disability whether use of alcohol is in the present or in the past.

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