The ADA Protects People with Disabilities

A person with a disability is someone who:

• has a physical or mental impairment that substantially limits one or more major life activities,
• has a history or record of such an impairment (such as cancer that is in remission)or
• is perceived by others as having such an impairment (such as a person who has scars from a severe burn).

If a person falls into any of these categoriesthe ADA protects them. Because the ADA is a lawand not a benefit programyou do not need to apply for coverage.

What does substantially limits mean?

The term “substantially limits” is interpreted broadly and is not meant to be a demanding standard. But not every condition will meet this standard. An example of a condition that is not substantially limiting is a mild allergy to pollen.

What does major life activities mean?

Major life activities are the kind of activities that you do every dayincluding your body’s own internal processes. There are many major life activities in addition to the examples listed here. Some examples include:

• Actions like eatingsleepingspeakingand breathing
• Movements like walkingstandingliftingand bending
• Cognitive functions like thinking and concentrating
• Sensory functions like seeing and hearing
• Tasks like workingreadinglearningand communicating
• The operation of major bodily functions like circulationreproductionand individual organs

Examples of Disabilities

There is a wide variety of disabilitiesand the ADA regulations do not list all of them. Some disabilities are visible and some are not. Some examples of disabilities include:

• Cancer
• Diabetes
• Post-traumatic stress disorder
• HIV
• Autism
• Cerebral palsy
• Deafness or hearing loss
• Blindness or low vision
• Epilepsy
• Mobility disabilities such as those requiring the use of a wheelchairwalkeror cane
• Intellectual disabilities
• Major depressive disorder
• Traumatic brain injury

The ADA covers many other disabilities not listed here.

The ADA Prohibits Disability Discrimination in Many Areas of Life

To prevent discrimination against people with disabilitiesthe ADA sets out requirements that apply to many of the situations you encounter in everyday life. Employersstate and local governmentsbusinesses that are open to the publiccommercial facilitiestransportation providersand telecommunication companies all have to follow the requirements of the ADA.

The ADA prohibits discrimination based on disability.

Under the ADAit is illegal to discriminate against someone because of their disability.

For examplea fitness center could not exclude a person who uses a wheelchair from a workout class because they cannot do all of the exercises in the same way.

Howevera local rec center might only be open to people who live in the surrounding zip code. If the rec center refused access to a person with epilepsy because that person lived in a different zip codethat would not be a violation of the ADA because the rec center would not be discriminating on the basis of the person’s disability.

The ADA is broken up into five different sectionswhich are called titles. Different titles set out the requirements for different kinds of organizations. For exampleTitle I of the ADA covers requirements for employersand Title II covers requirements for state and local governments. You can find the relevant title of the ADA noted next to each type of organization below.

Other Disability Rights Laws

Although the ADA applies to many areas of lifeit does not cover everything. In some situationsdisability discrimination is prohibited by laws other than the ADA.

While the ADA applies to certain types of housing (e.g.housing at private and public universities and public housing programs)the Fair Housing Act applies to many types of housingboth public and privately ownedincluding housing covered by the ADA.

• If you have a complaint about disability discrimination under the Fair Housing Act: File a complaint with the Department of Housing and Urban Development.

Disability discrimination during air travel is prohibited by the Air Carriers Access Act.

• If you have a complaint about disability discrimination during air travel: File a complaint with the Department of Transportation’s Office of Aviation Consumer Protection.

Religious organizations are exempt from the requirements of Title III of the ADA. For information about how the ADA’s employment obligations apply to religious entitiesvisit the EEOC’s website. Additionallyreligious groups or organizations may still have to comply with state/local building codes or other laws prohibiting discrimination on the basis of disability.

Federal Agencies’ Roles

Many federal agencies are responsible for enforcing the ADA and other laws that prohibit discrimination on the basis of disability. These agencies receive complaintsconduct investigationsand issue regulations and guidance to explain the law.

Learn more about these agencies and the laws that they implement:

• ADA Designated Investigative Services
• A Guide to Federal Disability Rights Laws

---

The Americans with Disabilities Act authorizes the Department of Justice (the Department) to provide technical assistance to individuals and entities that have rights or responsibilities under the Act. This document provides informal guidance to assist you in understanding the ADA and the Department’s regulations.

Guidance documents posted to this website are not intended to be a final agency actionhave no legally binding effectand have no force or effect of law.  The documents may be rescinded or modified in the Departments’ complete discretionin accordance with applicable laws.  The Departments’ guidance documentsincluding this guidancedo not establish legally enforceable responsibilities beyond what is required by the terms of the applicable statutesregulationsor binding judicial precedent.  For more informationsee 1-19.000 – Principles for Issuance and Use of Guidance Documents, https://www.justice.gov/jm/1-19000-limitation-issuance-guidance-documents-1.

---