Disabilities-An Introduction

The term "disability" can mean different things to different people. It can also have a different meaning for different government agencies. What the Social Security Administration classifies as a disability is not within the same parameters that the Veterans Administration utilizes to classify an individual with a disability. The American with Disabilities Act (ADA) also defines disabilities differently. 1. The ADA does not apply to government employees, however, the substantive standards of Title I of the ADA are applied to the sections 501, 503, and 504 of the Rehabilitation Act of 1973 (as amended), which does apply to government employees. The statutory definition of the term "disability" under the ADA, and, consequently, under the Rehabilitation Act of 1973 are as follows:

a. A physical or mental impairment that substantially limits one or more of the major life activities of an individual; b. a record of such an impairment; or c. being regarded as having such an impairment.

2. The regulatory definition of a physical or mental impairment is as follows:

a. 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; or b. any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

3. Major life activities "are those basic activities that the average person in the general population can perform with little or no difficulty". The EEOC regulatory definition of the term "major life activity" suggests it to mean, "functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working". A major life activity can also be, but is not limited to sitting, standing, lifting, reaching, thinking, concentrating, interacting with others, enjoying leisure time activities, reading, and driving. 4. EEOC compliance manuals and enforcement guidance state that an individualized approach is necessary for each case because the same types of impairments often vary in severity and often restrict different people to different degrees or in different ways. Some impairments may be disabling for some individuals but not for others. Some impairments may be affected by other impairments. In that respect, each case must be evaluated separately to evaluate whether or not an impairment qualifies as a disability under the statutory definition of the term in the ADA. However, EEOC case law (Travis v. USPS, EEOC No. 01992222 (2002), and Glover v. USPS, EEOC No. 01A04428 (2001) also suggests that EEOC rejected the notion that disability cases are ill-suited for class treatment. 5. Mitigating measures are those measures taken to minimize the impact of an impairment. This would include such things as reasonable accommodation, prescription medication, auxiliary aids (hearing aid, oxygen supplement, ie., oxygen tanks), etc. If a mitigating measure controls, or minimizes the impact of an impairment, than an individual taking such mitigating measures may not have a disability. On the reverse side, if an individual is taking a mitigating measure for one impairment and that mitigating measure has side effects, or aggravates another impairment, than an individual may still be considered as having a disability. 6. The tests for determining whether or not an individual's impairment can be considered a disability can be simply stated in the following manner:

a. An individual must have a physical or mental impairment b. that substantially limits c. one or more of the major life activities of an individual, and, d. has a record of such impairment, or, e. is regarded as having such an impairment.

7. Even though the above steps look simple, the process is not.

Having a diagnoses of an impairment does not automatically indicate that an individual can meet the statutory definition of having a disability. It is up to the individual to insure that all necessary information is given to the appropriate investigating authority, and subsequently, to the EEOC, if appropriate, to assure a fair consideration of all factors. In the case of a " formal reasonable accommodation" request, sufficient information must be given to the appropriate authority to enable them to make a decision under the particular agency's reasonable accommodation guidelines, as well as those guidelines provided in compliance manuals, enforcement guidance, and executive policy guidance or orders. Please note, a request for reasonable accommodation need not be a formal request. It can be an informal request, ie., a request for sick leave because of your disability, etc.

The above paragraph addresses whether an individual's impairment(s) ie., serious health condition, can meet the statutory definition of a disability. Now, the individual must meet the definition of being a qualified individual with a disability! To meet this qualification, an individual must be able to perform the essential functions of their position, with or without reasonable accommodation! If you can't perform the essential functions of your position, then you are not a qualified person with a disability. There can be times when meeting both of these qualifiers is a Catch-22 situation. In essence, if you are not a qualified individual with a disability your complaints may be dismissed because you cannot perform the essential functions of your position. If this is the case, you may not have a basis for your complaint(s).

This has just been a brief overview of the term disability. To get a better grasp of the definition of disability, visit the EEOC website. Also, if you believe that your health condition (Impairment) can qualify as a disability you can download this questionnaire at this site, complete it, and forward it to the class attorneys to the address listed on this contact page along with supporting documentation, as required. The questionnaire will not provide you with conclusive evidence that you can meet the statutory definition of a disability, but it will give you a fair idea if you have one or not, and it will assist the class attorneys in assessing your health conditions, providing this information to the EEOC, and USPS Counsel, during the discovery process, and any future class proceedings..

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Updated on: Wednesday, August 22, 2007 11:42:04 PM