Also known as: physical impairment · mental impairment · disability · impairment
Written by attorneys · grounded in primary & secondary sources — see below
A physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, or a mental or psychological disorder. The impairment must substantially limit one or more major life activities to trigger legal protections against discrimination.
State officials refused to appoint Parker Phillips as an elector after learning he had a documented mobility impairment requiring a wheelchair. Phillips filed an ADA complaint alleging the exclusion constituted discrimination on the basis of physical impairment in a public program. The court found the state had unlawfully denied equal access without showing the impairment prevented performance of elector duties.
During a hearing, Judge Ramirez made repeated comments about Pamela Phillips's anxiety disorder, suggesting it made her testimony unreliable. Phillips moved to disqualify the judge under the bias prohibition. The court granted the motion after finding the comments manifested prejudice based on mental impairment in the performance of judicial duties.
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Attorney Thomas refused to represent Philip Powell after learning of Powell's diagnosed PTSD, stating such clients were too unstable for litigation. Powell filed a grievance alleging the refusal constituted discrimination on the basis of mental impairment in the practice of law. The disciplinary board found a violation and imposed sanctions.
Pablo Perez was struck by a car door, resulting in a visible bruise and swelling that limited his ability to walk normally for several days. Perez sued his employer for disability discrimination after being terminated for requesting modified duties. The jury found liability after determining the bruising constituted a physical impairment substantially limiting a major life activity.
Pierre Poulin received written notice that his Social Security disability benefits would end because his back impairment no longer met the listing criteria. Poulin submitted written evidence of ongoing limitations but received no hearing before termination. The court upheld the procedure as satisfying due process under the balancing test for administrative efficiency.
Pulse Media merged into Peak Performance. Pulse held a contract with a key vendor that required the vendor's consent to assignment. After the merger, Peak Performance asserted it could enforce the contract without consent because all contract rights vested in the survivor without impairment. The court enforced the contract in Peak Performance's favor under the merger statute.
A plaintiff must prove a physical or mental impairment that substantially limits one or more major life activities. The impairment can be physiological or psychological, and the limitation need not be permanent or severe to qualify after the ADAAA amendments.
Supporting sources
A visible bruise and swelling that alters the body's condition for several days satisfies the definition of physical impairment. The Restatement focuses on observable change rather than permanence or need for medical treatment.
Supporting sources
Yes. Comments manifesting bias or prejudice based on disability during judicial proceedings violate the prohibition on bias or harassment. The rule applies even if the comments are not directed at court staff.
The rule prohibits conduct that the lawyer knows or reasonably should know constitutes discrimination on the basis of disability in the practice of law. Refusing representation solely because of a client's mental impairment can trigger discipline.
…future contraceptive failure, possible future pregnancy, possible future unpreparedness for parenthood, and possible future impairment of health. Any one or more of these several possibilities may not take place and all may not combine. In the Does' estimation, these possibilities might have some real or imagined impact…