Which of the following persons would be covered under the Americans with Disabilities Act as a person with a disability?

• A. An 18-year-old with a mental impairment that substantially limits major life activities who is applying for a dishwasher job
• B. A prep cook on crutches applying for a position at a fine dining establishment that is open for lunch and dinner
• C. An alcoholic cocktail server identifying himself as having an impairment who applies for a job at a sports bar as a bartender
• D. HIV-positive dining room manager with experience who applies for a job at a small restaurant with 12 employees on shift

Answer: (A)

Under the Americans with Disabilities Act, a person is considered to have a disability if they have a physical or mental impairment that substantially limits one or more major life activities, or they have a record of such an impairment or are regarded as having one. The 18-year-old with a mental impairment that substantially limits major life activities clearly fits this definition, since the impairment affects core tasks and daily functioning, making them protected and entitled to reasonable accommodations at work.

The other scenarios are less clear. A mobility issue described as being on crutches could be temporary; unless the impairment is long-term and substantially limits major life activities, it may not be treated as a disability under the ADA. A person with alcoholism can be protected in many circumstances, but coverage depends on specifics about how the impairment affects functioning and whether current substance use disqualifies eligibility. Finally, the employer in the last case has only 12 employees, which falls below the ADA’s threshold of 15 employees, so the ADA wouldn’t apply there.