Introduction
The Americans with Disabilities Act Amendments Act (ADAAA) made major changes to the definition of disability, leading employers to question how to determine whether an employee now has a disability. For ADA purposes, this question typically comes up when an employee requests an accommodation, so the following are practical tips for employers making disability determinations related to accommodation requests.
If the requested accommodation is something you provide for all employees, then you do not need to determine whether the employee has a disability; you can just give the employee what he/she asked for.
If the requested accommodation is not something you provide for all employees, then you may choose to make a disability determination before granting the request; the disability determination is not required.
The definition of disability is an impairment that substantially limits a major life activity. So when determining whether an employee has a disability, you need to know:
- Does the employee have an impairment? If yes,
- Does the impairment affect a major life activity? If yes,
- Does the impairment substantially limit the major life activity? Keep in mind:
- If an impairment is on the EEOC's list of conditions that are virtually always disabilities, get the diagnosis and move on to making the accommodation. If not on the list:
- Consider how limited the employee would be without any mitigating measures
- Consider how limited the employee is when the impairment is active.
- If needed, consider the condition, manner, or duration in which an employee performs a major life activity.
- If an impairment is on the EEOC's list of conditions that are virtually always disabilities, get the diagnosis and move on to making the accommodation. If not on the list:
And remember, the definition of disability is now very broad so if you are not sure whether an employee has a disability, err on the side of caution and process the accommodation request. Accommodations are not typically costly and the benefits usually far outweigh the costs, so what do you have to lose!
Additional JAN Resources
Situations and Solutions:
The following situations and solutions are real-life examples of accommodations that were made by JAN customers. Because accommodations are made on a case-by-case basis, these examples may not be effective for every workplace but give you an idea about the types of accommodations that are possible.
An employer received a request from an employee who disclosed that he had diabetes and needed to modify his break times so he could check his blood sugar levels and administer insulin.
Because diabetes virtually always meets the definition of disability (substantially limits the functions of the endocrine system), the employer did not require medical documentation to show the employee has a covered disability, but instead focused on the need for accommodation.
An employee with a history of cancer needed time off periodically to get follow up medical testing to make sure his cancer had not returned.
The employee had a history or record of a disability and therefore was entitled to an accommodation.
A newly hired production worker in a manufacturing plant was injured in an accident at home and asked his employer for leave time to recover.
He did not have any accrued leave so the employer considered whether he might have a disability under the ADA. The employee’s doctor indicated that the employee had a 10 pound lifting restriction that would last for up to 6 months so the employer determined that the employee met the definition of disability on that basis.
A local government employee with quadriplegia requested to be allowed to have her personal attendant come into the workplace to help her eat lunch and take care of personal needs on her breaks.
Because it was obvious that the employee had a disability and needed the requested accommodation, the employer provided the accommodation without requesting any documentation.
JAN Publications & Articles regarding Definition of Disability
Publications
Consultants' Corner Articles
Articles
Blog Posts
- No Blog Posts available for Definition of Disability
Events Regarding Definition of Disability
- Upcoming Events
- Past Recorded Module
- Past In-person Training
- Past Exhibit Booths
- Past Webcast Series Training
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ADA & Workplace Accommodations - Episode #44May 5, 2022
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The ADA and Workplace Accommodation for Employees with Voice DisordersJanuary 31, 2024
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Low-Key AT: Less-Obvious Options for Entry-Level WorkersMarch 16, 2022
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Accessibility as a Key to InclusionJuly 25, 2022
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Transition and Workplace Accessibility: What’s New in 2023?February 2, 2023
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Together Again: AT for Travel and Inclusive EventsFebruary 3, 2023
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2023 CSUNMarch 17, 2023
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ATIA 2024 ConferenceJanuary 25, 2024
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
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Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
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Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Lisa Mathess , Principal Consultant, ADA Specialist
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Lisa Mathess , Principal Consultant, ADA Specialist
Presentations
Presenters:
- Teresa Goddard, Lead Consultant, Assistive Technology Services
- Lisa Mathess, Principal Consultant, ADA Specialist
Presentations
Accommodating Educational Professionals: Meeting Workplace Needs with AT
Friday 1-2pm
Grand Ballroom 7B
Session Code: TWA-05
Back on Track with the Interactive Process: When Accommodations Go Off the Rails
Friday 4:30-5:30
Magnolia 2
Session Code: TWA-02
Transition and Workplace Accessibility: What’s New in 2024?
Thursday 4:30-5:30
Magnolia 2
Session Code: TWA-08
Presenters:
- Teresa Goddard, Lead Consultant, Assistive Technology Services
- Lisa Mathess, Principal Consultant, ADA Specialist
Presentations
Accommodating Educational Professionals: Meeting Workplace Needs with AT
Friday 1-2pm
Grand Ballroom 7B
Session Code: TWA-05
Back on Track with the Interactive Process: When Accommodations Go Off the Rails
Friday 4:30-5:30
Magnolia 2
Session Code: TWA-02
Transition and Workplace Accessibility: What’s New in 2024?
Thursday 4:30-5:30
Magnolia 2
Session Code: TWA-08
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Q&A with the Cog/Psych Team: Challenging Mental Health ScenariosMay 11, 2021
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Accessibility & Accommodations: How Employers & HR Professionals Can Prepare for Emerging Tech in the WorkplaceMay 20, 2021
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Accommodating Public Safety Workers with DisabilitiesJune 8, 2021
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ADA UpdateJuly 13, 2021
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AT Update: What’s new in 2021August 10, 2021
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Ask JAN! Expert Q&AOctober 14, 2021
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Return to Work After COVID-19 – Focus on Mental Health and Cognitive LimitationsNovember 18, 2021
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Accommodation Solutions for Autoimmune DisordersDecember 9, 2021
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Next-Level Accommodation and ADA ChallengesJanuary 13, 2022
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ADA and Accommodation Lessons Learned: Stay at Work/Return to Work EditionFebruary 10, 2022
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Ergonomics for TeleworkersMarch 1, 2022
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Accommodation Solutions for Executive Functioning DeficitsMarch 17, 2022
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Accommodation Solutions for Gastrointestinal DisordersApril 14, 2022
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Accommodation and ADA Considerations: Reproductive Disorders and PregnancyMay 12, 2022
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Personal Use or Reasonable Accommodation: What’s What?June 9, 2022
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ADA UpdateJuly 14, 2022
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AT Update 2022August 11, 2022
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Accommodation Solutions for Sleep DisordersSeptember 22, 2022
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Building a Disability-Inclusive OrganizationOctober 13, 2022
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Providing Reasonable Accommodations to Veterans with DisabilitiesNovember 10, 2022
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Ask JAN! Q&AJanuary 12, 2023
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Supports and Services: Accommodations with a HeartbeatFebruary 9, 2023
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What You Should Know About the Impact of Long COVID in the WorkplaceMarch 9, 2023
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Accommodation Solutions for Neurodivergent WorkersApril 13, 2023
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Accommodation Solutions for Fine Motor LimitationsMay 11, 2023
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What to Do When Performance and Conduct Factor Into the Accommodation EquationJune 8, 2023
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ADA Update 2023July 13, 2023
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Assistive Technology (AT) Update: What’s New in 2023August 10, 2023
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Accommodation Solutions: Substance Use DisorderSeptember 14, 2023
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The Way I See It: Accommodation Process Perspectives from Different Points of ViewOctober 12, 2023
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Accommodation Solutions: Respiratory Conditions, Allergies, & Fragrance SensitivityNovember 9, 2023
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Accommodation Solutions for Employees with Intellectual DisabilitiesDecember 12, 2023
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ADA and Beyond Compliance Considerations: Medical DocumentationJanuary 11, 2024
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Ask JAN! Q&A: Sensory Team EditionMarch 14, 2024
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Accommodating Employees with Diverse Cognitive and Neurological NeedsApril 11, 2024
Presenters:
- James Potts , Senior Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
Presentations
Transcripts
Presenters:
- Anne E. Hirsh , Director of Collaborations, Evaluation, and Reporting
- Bill Curtis-Davidson, Co-director of PEAT
- Martez Mott, Ph.D., Senior Researcher, Ability Group, Microsoft Research
- Tina Park, Ph.D., Methods for Inclusion Research Fellow at the Partnership on AI
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Transcripts
This session, produced in collaboration with JAN and the Partnership on Employment & Accessible Technology (PEAT), will introduce the potential impact of emerging tech on accommodations. Participants will learn how employers and HR professionals can help plan for an accessible workplace of the future, including the procurement of accessible technologies and potential accommodation needs of people with disabilities. PEAT, funded by the Office of Disability Employment Policy, U.S. Department of Labor, will interview technology leaders to find out how AI and XR will change the way we work and what these technologies could mean for the employment of people with disabilities.
This event takes place on Global Accessibility Awareness Day (GAAD).
Speaker Bios:
Bill Curtis-Davidson is a Co-Director and Sr. Consultant on Emerging Tech Accessibility at PEAT. In this role, he works to advance the accessibility of emerging workplace technologies, including XR and AI, to increase employment opportunities for people with disabilities. He partners with the disability community, tech companies, and the public to advance adoption of inclusive design and promising practices for tech accessibility. He serves on the External Advisory Board of the GA Tech Human-Computer Interaction Degree Program.
Martez Mott is a Senior Researcher in the Ability Group at Microsoft Research. His research is focused on designing, implementing, and evaluating intelligent interaction techniques that improve the accessibility of computing devices for people with diverse motor and sensory abilities. His current research focuses on identifying and overcoming accessibility barriers embedded in the design of virtual and augmented reality systems. Martez is passionate about improving diversity in the CS and HCI communities. He co-chaired the 2020 CHI Mentoring Workshop (CHIMe), is serving on the steering committee for CHIMe 2021, and co-founded the Black Researchers @ Microsoft Research group. Martez received his Ph.D. in Information Science from the Information School at the University of Washington. Prior to attending UW, he received his B.S. and M.S. in Computer Science from Bowling Green State University.
Tina M. Park is currently a Methods for Inclusion Research Fellow at the Partnership on AI, developing evidence-based methodologies for incorporating a more diverse range of stakeholders in the design and development of artificial intelligence. Prior to joining PAI, Tina has led efforts to cultivate supportive intellectual spaces for scholars of color at Brown University and nationwide. She has presented at top international conferences in her field such as the American Sociological Association, the Social Science History Association, the Population Association of America, and the Society for the Study of Social Problems, the Association of Collegiate Schools of Planning.
Presenters:
- Lisa Mathess , Principal Consultant, ADA Specialist
- Matthew McCord , Senior Consultant – Motor Team
- Tatum Storey, Consultant - Motor Team
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Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Jeanne Goldberg is a Senior Attorney Advisor in the Office of Legal Counsel at the U.S. Equal Employment Opportunity Commission.
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Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Matthew McCord , Senior Consultant – Motor Team
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Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Melanie Whetzel , Principal Consultant, Team Lead
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Lisa Mathess , Principal Consultant, ADA Specialist
Presentations
Transcripts
Presenters:
- James Potts , Senior Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
- Linda Carter Batiste , Director of Services and Publications
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Lisa Mathess , Principal Consultant, ADA Specialist
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Lisa Mathess , Principal Consultant, ADA Specialist
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Handouts
Presenters:
- Lisa Mathess , Principal Consultant, ADA Specialist
- Matthew McCord , Senior Consultant – Motor Team
Presentations
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Presenters:
- Alexis Popa , Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
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Transcripts
Presenters:
- Matthew McCord , Senior Consultant – Motor Team
- Julie Davis , Consultant - Motor Team
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Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
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Transcripts
Presenters:
- Lisa Mathess , Principal Consultant, ADA Specialist
- Matthew McCord , Senior Consultant – Motor Team
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Transcripts
Handouts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Jeanne Goldberg - Senior Attorney Advisor, Office of Legal Counsel, Equal Employment Opportunity Commission (EEOC)
Handouts
Presentations
Transcripts
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Matthew McCord , Senior Consultant – Motor Team
- Christy McCune , Consultant - Sensory Team
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Handouts
Transcripts
Presenters:
- Alexis Popa , Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
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Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Ellice Switzer, EARN Workplace Disability Inclusion Associate
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Transcripts
Ellice Switzer, EARN Workplace Disability Inclusion Associate
Ellice is an Extension Associate with the K. Lisa Yang and Hock E. Tan Institute on Employment and Disability. She provides content development, training and technical assistance for EARN. As an Extension Associate, she provides national technical assistance and training on topics related to disability and employment, and U.S. disability policy. Her areas of focus include employer practices to support workforce disability inclusion, demand-side strategies to improve employer engagement among disability service providers and evidence-based practices to support post-school success for youth with disabilities.
Presenters:
- James Potts , Senior Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
Presentations
Transcripts
Presenters:
- Lisa Mathess , Principal Consultant, ADA Specialist
- Melanie Whetzel , Principal Consultant, Team Lead
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
Presentations
Transcripts
Presenters:
- James Potts , Senior Consultant - Cognitive/Neurological Team
- Lisa Mathess , Principal Consultant, ADA Specialist
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Terri Rhodes, Chief Executive Officer, Disability Management Employer Coalition (DMEC)
- Bryon Bass, Senior Vice President Workforce Absence and Disability Practice Leader, Sedgwick
- Susanne Bruyere, Co-Director and Co-Principal Director, Employer Assistance and Resource Network on Disability Inclusion (EARN)
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Presenters:
- Melanie Whetzel , Principal Consultant, Team Lead
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Presenters:
- Julie Davis, Consultant - Motor Team
- Matthew McCord, Senior Consultant - Motor Team
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Transcripts
Presenters:
- Lisa Mathess, Principal Consultant, ADA Specialist
- Melanie Whetzel, Principal Consultant, Team Lead
- Tracie DeFreitas, Program Leader, Director of Training, Services, and Outreach
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Transcripts
Presenters:
- Tracie DeFreitas, Program Leader, Director of Training, Services, and Outreach
- Jeanne Goldberg, Equal Employment Opportunity Commission (EEOC)
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Transcripts
Presenters:
- Matthew McCord, Senior Consultant – Motor Team
- Teresa Goddard, Lead Consultant – Assistive Technology Services
- Jose Gonzalez Lopez, Consultant — Sensory/Motor Teams
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Presenters:
- James Potts, Senior Consultant - Cognitive/Neurological Team
- Melanie Whetzel, Principal Consultant, Team Lead
- Linda Batiste, Director of Publications and Services
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Transcripts
Presenters:
- Lisa Mathess, Principal Consultant, ADA Specialist
- Lore Lee, Consultant
- Matthew McCord, Senior Consultant – Motor Team
- Tracie DeFreitas, Program Leader, Director of Training, Services, and Outreach
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Transcripts
Handouts
Presenters:
- Teresa Goddard, Lead Consultant – Assistive Technology Services
- Jose Gonzalez Lopez, Consultant - Sensory/Motor Teams
Presentations
Transcripts
Presenters:
- Melanie Whetzel, Principal Consultant, Team Lead Cognitive/Neurological Team
Presentations
Transcripts
Presenters:
- Lisa Mathess, Principal Consultant, ADA Specialist
- Tracie DeFreitas, Program Leader, Director of Training and Outreach
Presentations
Transcripts
Handouts
Presenters:
- Jose Gonzalez Lopez, Consultant – Sensory/Motor Teams
- Teresa Goddard, Lead Consultant – Assistive Technology Services
Presentations
Transcripts
Presenters:
- Melanie Whetzel, Principal Consultant, Team Lead