What Qualifies as an ADA Disability: A Complete Guide for Marketing Compliance

The Americans with Disabilities Act (ADA) compliance is a big deal for businesses in the US, protecting a vast population. Over 70 million U.S. adults (more than 1 in 4) reported having a disability in 2022. Yet many employees choose not to disclose disabilities at work — a recent index found fewer than 5% of U.S. employees self-identified as having a disability even though 93% of their companies encouraged disclosure.

At the same time, disability-related compliance is becoming more important for employers. About 34% of all EEOC discrimination charges in 2022 involved disability claims (25,004 charges), making it the second most common claim after retaliation. ADA lawsuits have also become a major risk: federal ADA Title III cases (access to public businesses) peaked at 11,452 filings in 2021 and still numbered approximately 8,200 in 2023.

These trends show why understanding what counts as a disability under the ADA — and the law's scope of protection — is critical for business professionals, marketers, and compliance specialists.

How Does the ADA Define a Disability?

Legally, the ADA defines "disability" as: "a physical or mental impairment that substantially limits one or more major life activities" of an individual; or having a record of such an impairment; or being regarded as having such an impairment. Each part of this definition matters:

•  "Physical or mental impairment:" This includes any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, as well as any mental or psychological disorder (such as intellectual disability, emotional or mental illness, and learning disabilities). The definition is broad — it can range from mobility impairments to neurological conditions or mental health disorders. There is no exhaustive list in the law, which means many types of conditions can be impairments (from diabetes to dyslexia to depression).
•  "Substantially limits:" This term means the impairment imposes quite some restriction on a major life activity, compared to the average person in the general population. The ADA regulations say "substantially limits" is interpreted broadly and "not meant to be a demanding standard." In practice, a person does not need to be completely unable to perform an activity — it's enough that the impairment makes the activity more difficult, uncomfortable, or time-consuming. For example, someone with a back condition who can walk, but only for short distances and with pain, could be substantially limited in walking. However, not every condition meets the standard — a very mild impairment, like a mild pollen allergy, is not considered substantially limiting. The focus is on whether the impairment materially restricts a major life activity. The ADAAA explicitly instructs that cases should not spend excessive time analyzing whether an impairment is a disability — if there's any close call, coverage should be construed in favor of the individual.
•  "Major life activities:" These are activities that are important to most people's daily lives. Under the ADA (as amended), major life activities include not only routine actions like walking, seeing, hearing, eating, breathing, thinking, and working, but also the operation of major bodily functions. This expansion to include bodily functions (such as immune system function, normal cell growth, digestive, neurological, brain, respiratory, circulatory, and endocrine functions) means that many chronic illnesses (for instance, HIV affecting immune function, or diabetes affecting endocrine function) clearly count as disabilities under the ADA.

In summary, a person qualifies as having an ADA disability if they have a significant impairment — broadly defined — that makes an aspect of daily life substantially harder for them. There is no numeric threshold or percentage impairment required. Unlike some other programs, the ADA doesn't require an impairment to be permanent or totally disabling to count. The legal emphasis is on functional limitation in context, rather than labels. Congress and the EEOC have deliberately set a low bar for "disability" so that the law protects all who need it.

 What is Considered a Disability Under the ADA?

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The ADA provides a broad definition of "disability" to provide wider protection. Under the ADA (as amended in 2008), an individual is considered to have a disability if they meet any of these criteria:

•  An actual impairment: a physical or mental impairment that substantially limits one or more major life activities.
•  A record of an impairment: a history of such a substantially limiting impairment (e.g. a past cancer diagnosis in remission).
•  Being "regarded as" impaired: being perceived by others as having a disability (even if the impairment is not actually limiting).

The ADA Amendments Act of 2008 (ADAAA) directed that this definition be interpreted in favor of broad coverage. Congress expanded coverage because many people with serious conditions (like epilepsy, diabetes, multiple sclerosis, or depression) were being denied ADA protection under earlier, narrow court rulings. The ADAAA "reinstated a broad scope of protection," rejecting prior strict interpretations and making it much easier for individuals to demonstrate a disability.

Another key point is that impairments that are episodic or in remission can still be ADA disabilities. The law specifies that an impairment that is episodic (or in remission) qualifies if it would substantially limit a major life activity when active. For example, conditions like epilepsy, asthma, hypertension, or cancer in remission are covered because during active phases they limit major life activities.

All in all, ADA's coverage is not limited to visible, constant disabilities — it covers many intermittent or managed health conditions as well.

Final Thoughts

The ADA has been in effect for over three decades, yet it continues to expand its influence in American workplaces and public spaces. What qualifies as an ADA disability is intentionally broad, covering a vast range of physical and mental impairments. For businesses, the data and trends are clear: ADA compliance is not optional or static — it's an active, ongoing effort.

For marketers and compliance teams specifically, the increasing focus on digital accessibility presents both challenges and some opportunities. With over 4,500 ADA-related website and app accessibility lawsuits filed in 2023 alone, making sure your marketing materials are accessible might not be mandatory but it’s an essential risk management.

Marketing assets that fail to comply with accessibility standards can expose your organization to legal liability, damage your brand reputation, and exclude potential customers. Every email campaign, social media post, website update, and marketing collateral should be designed with accessibility in mind. This includes proper alt text for images, adequate color contrast, captioned videos, properly structured content for screen readers, and avoiding time-dependent responses.

At Luthor, we understand the situation. Our AI-based tool automatically reviews marketing assets for compliance, helping you reduce risk, effort, and time when tackling marketing compliance at scale. With the scope of ADA coverage continuing to broaden and enforcement becoming more aggressive, having a reliable compliance partner is more important than ever.

Don't wait for a compliance issue to put your marketing efforts at risk. Request a demo today to see how Luthor can help ensure your marketing materials are accessible, compliant, and inclusive for all audiences.

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