Some injuries can lead to disfigurement, even after healing is complete. An example is a burn injury to the neck or above. The skin may heal, and pain may cease, but the physical changes created by that burn injury may remain. Those who have experienced these injuries may physically be close to – or at, or exceeding – what they were capable of doing before they were injured. However, the disfigurement could leave them feeling self-conscious and not mentally or emotionally able to work.
This can be especially true in professions where extensive contact with other people is a necessity, such as being a real estate agent, running a coffee shop or working in a service industry — to name a few. But does this qualify disfigurement as a disability? Or are affected individuals still expected to work, regardless of the lasting impact of their condition?
The legal definition of disability in Ohio
The Ohio Revised Code (ORC) defines disability within the context of anti-discrimination laws that include employment and housing. The state’s definitions align with federal standards outlined in the Americans with Disabilities Act (ADA), which defines a disability as:
- A physical or mental impairment that significantly limits one or more major life activities
- A history or record of such an impairment
- Being regarded as having such an impairment
Therefore, a disfigurement can fall under the definition of disability. However, the scars, burns or congenital conditions affecting physical appearance have to limit major life activities substantially. Affected individuals can also pursue protection and accommodation if others perceive their disfigurement as a limitation. Essentially, the recognition of disfigurement as a disability hinges on how the disfigurement impacts an individual’s daily life or the extent of societal stigma they face.
Practical implications for individuals in the Buckeye State
Understanding whether a disfigurement qualifies as a disability can help affected individuals determine if they can access legal protections and accommodations. Those affected may be entitled to:
- Reasonable workplace adjustments
- Protection against discrimination
- Social support services
Examples include flexible dress codes to accommodate medical devices or counseling services to address the emotional toll of social stigma.
Whether a disfigurement qualifies as a disability is not a simple yes or no answer. That’s why it’s so important for affected individuals to have an experienced legal team that will work closely with them every step of the way. Understanding legal definitions and rights under state and federal laws is essential for helping to ensure fair treatment and access to necessary accommodations, whenever appropriate.