Date updated: 10/21/2025

Yes. The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) specifically states that a health condition that is episodic or in remission meets the definition of "disability" if it would substantially limit a major life activity when active.

This means that a person with a chronic condition whose symptoms or effects are episodic rather than constant can still be considered as having a disability if the symptoms or effects substantially limit a major life activity when active. Thus, they are protected from discrimination under the ADAAA. Examples of disabilities that may be episodic include, but are not limited to, epilepsy, hypertension, asthma, diabetes, major depressive disorder, bipolar disorder, and schizophrenia. A condition such as cancer that is in remission but that may return in a substantially limiting form is also a disability under the ADAAA.