Individual with a Disability Law and Legal Definition

Individual with a Disability is a person:

  • With physical or mental impairment and such impairment substantially limits one or more major life activities of that person.
  • Having a record of such impairment.
  • regarded as having such impairment.

The Americans with Disabilities Act of 1990 (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability. The ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and telecommunications. Under the ADA, an individual has disability if s/he has some physical or mental impairment that substantially limits a major life activity. The ADA also protects a person who has a history of such a disability or if an employer believes that the person has such a disability, even if the person does not have such disability.