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The following information on definitions is taken from "Title By Title: The ADA's Impact on Postsecondary Education" by Jane E. Jarrow, Ph.D., and is published by AHEAD (Association on Higher Education and Disability). It is reprinted here with their permission. A "person with a disability" is someone with a physical or mental impairment that substantially limits one or more major life activities. A person is considered to be a person with a disability if he/she has the disability, has a record of the disability, or is regarded as having the disability. "Physical impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin and endocrine; "mental impairment" means any psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. "Substantially limits" means unable to perform a major life activity, or significantly restricted as to the condition, manner, or duration under which a major life activity can be performed, in comparison to the average person or to most people; the availability of some mitigating measure (such as a hearing aid for someone with a hearing loss that brings hearing acuity within normal limits) is not to be considered when determining if the disability substantially limits the individual. "Major life activity" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working... The definitions of "person with a disability" under the ADA is almost identical to that of a "person with a handicap" under Section 504. The one piece of the definition that is slightly different regards the status of persons who illegally use drugs. Illegal Drug Users Individuals who are current illegal users of drugs are not protected under the ADA. The key issue is whether the use of the drug is illegal, not the nature of the drug or the way it was obtained. The legal use of a controlled substance under medical prescription is permitted. Moreover, there is a distinction made between the use of a controlled substance and addiction. Addiction is considered a disability. A person who is addicted to drugs but is not actively using drugs is considered a person with a disability and is protected by law. Alcohol is not considered a controlled substance. Section 504 has been changed to match the ADA regarding this exclusion of persons who are current illegal users of drugs. However, under Section 504, illegal users of drugs are still eligible for inclusion in health services provided by federally funded entities.
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Last modified March 29, 2006. |
