Defining disability

What is the WLAD (Washington State Law Against Discrimination) definition of disability?
A disability can be sensory, mental or physical impairment that:

• is medically recognized or diagnosed;
• exists as a record; or
• is perceived to exist whether or not it exists in fact. 

A disability exists regardless of whether it is temporary or permanent.  It includes, but is not limited to, any physiological disorder or condition, cosmetic disfigurement, digestive, lymphatic, skin and endocrine or mental, developmental, traumatic or psychological disorders. 

How does the ADA define disability?
The ADA defines a person with a disability as:

• one who has a physical or mental impairment that substantially limits a major life activity, or
• has a record of such an impairment, or
• is regarded as having such an impairment. 

A major life activity could be many things such as: walking, reading, bending, communicating, working, functions of the immune, reproductive, or respiratory systems.  An impairment that has outbreaks or is in remission is considered a disability if it substantially limits a major life activity when it is active. 

How is substantially limited defined?
A disability substantially limits a major life activity:

1. if the person cannot do something that the average person in the general population can do; or
2. the person is significantly restricted in the way or length of time of performing the activity as compared to the average person in the general population.  

The major life activity of working is substantially limited if the person is significantly restricted in doing a class of jobs or broad range of jobs in different classes compared to the average person with similar training, skills and abilities. A person does not need to have a substantial limitation in the major life activity of working to be protected from discrimination in the work environment. The substantial limitation can be of any major life activity. The determination of whether a major life activity is substantially limited is made without considering things such as medication, assistive technology (wheelchairs, walkers, crutches), and learned behavioral modifications, with the exception of ordinary eyeglasses and contact lenses.