Which of the following is NOT protected under the ADA?

• A. Behavior disorders (inattention, impulsivity, hyperactivity, criminal activity)
• B. Cosmetic disfigurement
• C. Intellectual disability
• D. Epilepsy

Answer: (A)

Disability under the ADA is about whether an impairment substantially limits one or more major life activities, or is treated as such, or is a record of such an impairment. Conditions like ADHD-type behavior disorders, epilepsy, and intellectual disability can qualify as protected disabilities if they substantially affect functioning such as attention, learning, or working. Cosmetic disfigurement, by contrast, isn’t automatically a disability unless it actually limits a major life activity. So, cosmetic disfigurement is not protected on its own under the ADA, whereas the other conditions can be protected if they meet the impairment criteria.