Disability

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What is disability?

In the context of employment, a Disability is a physical or mental impairment that substantially limits one or more major life activities. A major life activity is any activity that is of central importance to daily life, such as walking, seeing, hearing, speaking, breathing, caring for oneself, learning, and working.

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Image showing the meaning of disability in employment

The definition of Disability is broad and includes both visible and invisible impairments. It can include conditions such as chronic diseases, mobility impairments, mental health conditions, and learning disabilities, among others. It also covers a temporary disability or a condition that is in remission if it would be substantially limiting when active.

Additionally, under the American with Disabilities Act (ADA) an employer should make reasonable accommodations for an employee with a disability so that they are able to perform their job unless it would impose undue hardship on the employer. HBR’s disability and inclusion research

Essential features of disability

Here are a few essential features of Disability:

  1. Physical or Mental Impairment: A disability is a physical or mental impairment that substantially limits one or more major life activities.
  2. Substantially Limits: The impairment must limit a major life activity in a substantial way. This means it cannot be minor or trivial.
  3. Major Life Activities: Major life activities include activities that are of central importance to daily life, such as walking, seeing, hearing, speaking, breathing, caring for oneself, learning, and working.
  4. Both Visible and Invisible: Disabilities can include both visible and invisible impairments, such as chronic diseases, mobility impairments, mental health conditions, and learning disabilities among others.
  5. Accommodations: Under the American with Disabilities Act (ADA), an employer should make reasonable accommodations for an employee with a disability so that they are able to perform their job unless it would impose undue hardship on the employer.
  6. Temporariness : Even a temporary disability or a condition that is in remission is considered as a disability if it would be substantially limiting when active
  7. Both Physical and Emotional: Disabilities can include both physical and emotional or psychological impairments, such as depression or anxiety.

What are the types of disabilities?

There are many different types of Disabilities, and they can be classified in different ways.

Here are a few examples of different types of Disabilities:

  1. Physical Disabilities: These include impairments of the body’s systems, such as mobility impairments, chronic diseases, and spinal cord injuries.
  2. Sensory Disabilities: These include impairments of the senses, such as blindness, deafness, and severe vision or hearing loss.
  3. Mental Disabilities: These include impairments of cognitive and emotional functioning, such as intellectual disabilities, autism, and mental health conditions like depression, anxiety, schizophrenia and bipolar disorder.
  4. Learning Disabilities: These include difficulties in specific areas of learning, such as reading, writing, or mathematics.
  5. Traumatic Brain Injury: Disabilities caused by a traumatic injury to the brain, such as loss of memory or motor skills, or difficulty with speech or language.
  6. Episodic Disabilities: These are impairments that are episodic in nature or in remission, such as migraine headaches or multiple sclerosis
  7. Environmental Disabilities: These are caused by environmental conditions, such as respiratory issues due to air pollution.

What are the causes of disabilities?

There are many different causes of Disabilities, and they can vary depending on the type of Disability. Some common causes of Disabilities include: SHRM’s disability and ADA guidance

  1. Genetic or Congenital Conditions: Some disabilities are caused by genetic or congenital conditions, such as Down syndrome or cerebral palsy.
  2. Injury or Trauma: Some disabilities are caused by injury or trauma, such as spinal cord injury or traumatic brain injury.
  3. Illness or Disease: Some disabilities are caused by illness or disease, such as multiple sclerosis or cancer.
  4. Environmental Factors: Some disabilities are caused by environmental factors, such as exposure to toxins or pollutants, or lack of access to medical care.
  5. Infections: Certain infections can cause disability such as meningitis, chickenpox, or rubella
  6. Ageing: As people age, certain conditions may arise such as age-related macular degeneration, osteoarthritis and Parkinson’s Disease
  7. Lifestyle: Some disabilities can be caused by lifestyle choices and habits, such as smoking or substance abuse

Building an inclusive workplace for employees with disabilities expands the talent pool and drives stronger organizational performance. Using pre-employment assessments alongside a structured hiring plan drives results. Strong talent acquisition focused on skills-based hiring improves outcomes.

Frequently asked questions

Under the ADA, a disability is: (1) a physical or mental impairment that substantially limits one or more major life activities; (2) a record of such an impairment; or (3) being regarded as having such an impairment. The ADA Amendments Act (ADAAA) of 2008 significantly broadened this definition, directing courts to interpret ‘substantially limits’ expansively : many more conditions now qualify.

Major life activities include: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. The ADA also covers major bodily functions : immune system, cell growth, digestive, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. Cancer, diabetes, epilepsy, and many mental health conditions qualify.

A ‘qualified individual’ is someone who, with or without reasonable accommodation, can perform the essential functions of the job. The ADA protects qualified individuals : those who meet the basic skill, experience, education, and other job requirements AND who can perform essential functions. Employers are not required to retain employees who cannot perform essential functions even with accommodation.

A reasonable accommodation is any modification to the job, work environment, or the way things are usually done that enables a qualified individual with a disability to enjoy equal employment opportunities. Examples: modified schedules, telework, ergonomic equipment, restructured minor duties, permission to take additional breaks, accessible workspaces, assistive technology, and leave as an accommodation beyond FMLA entitlement.

Undue hardship means significant difficulty or expense, considering: the nature and cost of the accommodation, the overall financial resources of the employer, the type of operation, and the impact on operations. The undue hardship standard is high : courts rarely find it met for accommodations costing under a few thousand dollars. Most accommodations are low-cost or no-cost. Employers must document the undue hardship analysis if refusing accommodation.

Inclusive hiring practices: ensure job postings focus on essential functions (not unnecessary physical requirements), train hiring managers on disability etiquette and ADA compliance, make the application process accessible (WCAG-compliant digital tools), offer accommodations proactively during the interview process, conduct structured skills-based assessments rather than informal judgments, engage with disability employment organizations as talent sources, and track disability representation data voluntarily.