Not Covered as a Disability Under ADA

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Not Covered as a Disability Under ADA

Reference Number: MTAS-1057
Reviewed Date: 09/04/2026

Overview
Some conditions and traits are generally not disabilities under the ADA. Others are expressly excluded by the statute. Just as important: a condition that is not an ADA disability may still be protected under other federal or state laws.

Conditions and traits generally not covered

  • Appendicitis
  • Short bouts of depression
  • Weight within normal ranges
  • Normal height deviations
  • Personality traits and behaviors
  • Cultural or economic disadvantages
  • Normal pregnancies
  • Quick temper, poor judgment, irritability
  • Physical characteristics such as being left-handed, hair color, or eye color
  • Broken limbs and sprains that heal normally
  • Gambling addiction
  • Height and weight (within normal ranges)
  • Lack of education
  • Old age
  • Current illegal drug use and disorders caused by current illegal drug use

Conditions the ADA statutorily excludes
The ADA expressly excludes several conditions from the definition of disability:

  • Homosexuality and bisexuality (which the ADA declares are not impairments at 42 U.S.C. § 12211(a))
  • Gender identity disorders not resulting from physical impairments
  • Other sexual behavior disorders
  • Compulsive gambling, kleptomania, and pyromania
  • Psychoactive substance-use disorders resulting from current illegal use of drugs (see 42 U.S.C. § 12211(b))

Not a disability does not mean not protected
A condition falling outside the ADA does not mean the employee has no legal protection. Two important examples:

  • Sexual orientation and gender identity: under Bostock v. Clayton County, 590 U.S. 644 (2020), discrimination because of sexual orientation or gender identity is sex discrimination under Title VII of the Civil Rights Act of 1964.
  • Pregnancy: a normal pregnancy that is not an ADA disability is still protected under the Pregnancy Discrimination Act (Title VII) and, since June 27, 2023, under the federal Pregnant Workers Fairness Act (PWFA), which requires reasonable accommodation for known limitations related to pregnancy, childbirth, and related medical conditions for employers with 15 or more employees.

Stress
According to the EEOC, stress may be shown to be related to a mental or physical impairment. Traits like irritability, chronic lateness, and poor judgment are not, by themselves, mental impairments, though they may be linked to a mental impairment.

Other examples of non-covered conditions
Broken limbs, sprains, concussions, appendicitis, colds, and flu are usually not disabilities. A broken leg that heals within a few months, for example, is generally not a disability. However, if the leg takes far longer than normal to heal and the person cannot walk during that time, or if it heals into a permanent impairment that significantly restricts walking or other major life activities, the ADA may apply.

This list is not exhaustive. Assess every case individually. Complications from otherwise minor conditions can still make a person ADA-eligible.

Key sources

  • 42 U.S.C. § 12211 (statutory exclusions)
  • 42 U.S.C. § 12102 (definition of disability)
  • 42 U.S.C. §§ 2000e et seq. (Title VII)
  • Pregnant Workers Fairness Act, 42 U.S.C. §§ 2000gg et seq. (effective June 27, 2023)
  • Bostock v. Clayton County, 590 U.S. 644 (2020)