Physical or mental impairment that substantially limits one (1) or more of the major life activities of an individual, or being regarded as having such an impairment, or a records of having such an impairment.

Real or perceived impairment that: (a) makes (or is perceived to make) achievement unusually difficult or (b) limits (or is perceived to limit) the capacity to work.

For purposes of defining disability, "impairment" means a deterioration, a lessening, or damage to a normal bodily function or bodily condition."

EEOC regulations define "major life activities" as functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Makes achievement unusually difficult - The limitations on an individual’s ability to achieve and capacity to work must be beyond normal limitations that might render a person unable to make certain achievements or perform every possible job.

The inquiry concerning the effect of an impairment is not about "mere difficulty," but about "unusual difficulty."

Limits the Ability to Work – Refers to the ability to perform the particular job in question.

Asymptomatic HIV/AIDS is a disability where it substantially limits the major life activity of reproduction.

Diseases such as HIV/AIDS may be disabilities under the WFEA even if in remission or the person is not otherwise actively suffering from the effects of the disease.

A person who is not a "qualified individual with a disability" is not covered by the ADA.

A person who is currently engaging in the illegal use of drugs is not a "qualified individual."

Homosexuality and bi-sexuality are not impairments, and therefore not disabilities.

Other conditions that are specifically excluded from ADA coverage include:

Transvestism, transexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairment, or other sexual behavior disorders. – Compulsive gambling, kleptomania, or pyromania.

– Psychoactive substance use 
  disorders resulting from the
  current illegal use of drugs.

The employer must demonstrate that accommodation would impose "undue hardship" on operation of business.

Employer has the burden of proving that an accommodation would pose a "hardship" on the employer’s program, enterprise, or business.

It is inappropriate to conclude as a matter of law that any particular kind of action is not required as an accommodation.

An accommodation may be "reasonable" and still pose a "hardship" to the employer.

The fundamental job duties of the employment position which the disabled individual holds or desires, but not the marginal functions of the position.

A job function may be essential for the following reasons:

- The reason the position exists is to
  perform that function

- There are a limited number of 
  employees available among whom 
  the performance of that job function
  can be distributed

- The function may be highly 
  specialized so that the incumbent in
  the position is hired for his/her
  expertise or ability to perform the
  job

Evidence of whether a particular function is essential includes:

- The employer’s judgment as to
  which functions are essential

– Written job descriptions prepared
   before advertising or interviewing
   applicants for the job

- The amount of time spent on the
  job performing the function

- The consequences of not requiring
  the incumbent to perform the
  functions

- The terms of the collective
  bargaining agreement

- The work experience of past
  incumbents in the job

– The current work experience of
   incumbents in similar jobs

The employer has the burden of showing that the employee presents
a "direct threat" (significant risk) to the health or safety of others that cannot be eliminated by reasonable accommodation.

To evaluate whether an employee can "adequately undertake the job-related responsibilities" of a particular job, the present and future safety of the individual, of the individual’s co-workers and, if applicable, of the general public may be considered.

The ADA specifically prohibits pre-employment disability-related inquiries.

There is no specific prohibition in the WFEA relating to pre-employment disability-related inquiries.