ADA Part (A)

The focus here is on the individual, s/he must have actual impairment that limits one or more MLA (Major Life Activities); the person must establish:

(i) that s/he has a physical or mental impairment

(ii) that substantially limits

(iii) one or more major life activities

The person claiming to be an individual with a disability as defined by the first part of the definition must have an actual impairment. If the person does not have an impairment, (s)he does not meet the requirements of the first part of the definition of disability.

A physical or mental impairment means

(1) [a]ny 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

(2) [a]ny mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

This regulatory definition does not set forth an exclusive list of specific impairments covered by the ADA. Instead, the definition describes the type of condition that constitutes an impairment.