Define: Substantial Impairment

Substantial impairment refers to a significant limitation or restriction in a person’s ability to perform major life activities compared to the average person. It can include physical, mental, or emotional impairments.

The determination of substantial impairment is typically made on a case-by-case basis. It involves evaluating the impact of the impairment on the individual’s ability to carry out daily activities, work, or participate in social interactions.

Yes, a temporary impairment can be considered substantial if it significantly limits a person’s ability to perform major life activities during the period of impairment.

Examples of substantial impairments can include severe physical disabilities, mental health conditions that significantly affect cognitive abilities, or emotional disorders that hinder a person’s ability to maintain relationships or hold a job.

Substantial impairment is a key factor in determining whether an individual is protected under disability discrimination laws. If a person’s impairment substantially limits their ability to perform major life activities, they may be entitled to legal protections against discrimination.

No, employers are generally prohibited from discriminating against individuals based on substantial impairment. They must provide reasonable accommodations to enable qualified individuals with substantial impairments to perform essential job functions, unless it would cause undue hardship.

No, individuals with substantial impairments are protected from housing discrimination under the Fair Housing Act. Landlords must make reasonable accommodations to ensure equal access to housing for individuals with disabilities.

No, individuals with substantial impairments are protected under the Americans with Disabilities Act (ADA), which prohibits discrimination in public accommodations. Public facilities must make reasonable modifications to policies, practices, and procedures to ensure equal access for individuals with disabilities.

No, individuals with substantial impairments are protected under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. Schools must provide reasonable accommodations and support services to ensure equal educational opportunities for students with disabilities.

No, individuals with substantial impairments are protected under the Affordable Care Act (ACA), which prohibits insurance companies from denying coverage or charging higher premiums based on pre-existing conditions, including substantial impairments.