Americans With Disabilities Act (ADA) Violations

The Ten Most Common Disabilities

• Back or spinal cord injury: The accommodation most likely to be required for employees with back injuries or spinal cord injuries is a lifting limitation.

• Psychiatric/mental impairments: ADA claims in this category include impairments like post-traumatic stress disorder (PTSD), major depressive disorder, anxiety, psychological problems, and post-traumatic stress disorder.

• Neurological impairments: Epilepsy, severe migraine headaches, and nervous system disorders are examples of neurological impairments.

• Extremities: Hand and leg impairments and carpal tunnel syndrome (CTS) are included under this category.

• Heart impairments: When an individual has a heart defect, the accommodation required will likely be restrictions on lifting or strenuous activity.

• Substance abuse: Substance abuse refers to both alcohol and drug abuse for ADA purposes.

• Diabetes: Diabetes is an impairment specifically listed in the legislative history of the ADA as constituting a physical impairment.

• Hearing impairments: These cases include complete deafness and significant hearing loss.

• Vision impairments: Vision impairments include total blindness and serious vision problems; accommodations may range from providing reading assistance to purchasing certain equipment.

• Blood disorder: ADA claims involving blood disorders often refer to Hepatitis. It is important to note that an employer may refuse to assign or continue to assign an individual to a position involving the handling of food if the individual has Hepatitis A or any other covered pathogen and if the employer cannot eliminate the risk of transmission through reasonable accommodation.