The question of whether Asperger’s is considered a disability is rooted in a history of changing medical terminology and evolving legal frameworks. The common confusion today stems from a major revision in how this condition is classified by medical professionals. This article clarifies the current medical classification of what was formerly Asperger Syndrome and details how it is formally recognized as a disability under US law to ensure access to necessary supports.
The Current Diagnostic Framework: From Asperger’s to Autism Spectrum Disorder
The term “Asperger Syndrome” was a formal diagnosis under the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV). It was distinguished from other forms of autism, such as Autistic Disorder, primarily by the absence of a significant delay in language or general cognitive development. Individuals with Asperger Syndrome typically had average or above-average intelligence and conversational language skills. However, they still experienced challenges in social interaction and had restricted, repetitive patterns of behavior, interests, or activities.
This separate diagnosis was retired in 2013 with the publication of the DSM-5, which created the single, overarching category of Autism Spectrum Disorder (ASD). The new framework requires persistent deficits in two core areas for a diagnosis: social communication and social interaction, and restricted, repetitive patterns of behavior, interests, or activities.
Individuals who would have previously been diagnosed with Asperger Syndrome are now diagnosed with Autism Spectrum Disorder and are typically categorized as Level 1 ASD, which is described as “requiring support”. This Level 1 designation indicates that the person’s challenges cause noticeable impairment that is not severe. Therefore, the condition formerly known as Asperger Syndrome is now clinically defined as the mildest severity level within the ASD diagnosis.
Legal Determination: Defining Disability Status for ASD
The condition is officially classified as a developmental disability under major legal frameworks in the United States. This classification is not based on the severity level (such as Level 1 ASD) but on the overall definition of disability provided by federal statutes. Autism Spectrum Disorder meets the legal definition because it is a mental impairment that substantially limits one or more major life activities, such as learning, communicating, or interacting with others.
The Americans with Disabilities Act (ADA), a civil rights law, ensures equal opportunity for individuals with disabilities in employment, public accommodations, and state and local government services. The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. Because ASD affects communication, social functioning, and executive functioning, it fits this criterion, guaranteeing legal protection against discrimination.
For children, the Individuals with Disabilities Education Act (IDEA) recognizes autism as one of the categories of disabilities that qualify a student for special education and related services. The IDEA ensures that children with a disability receive a free appropriate public education (FAPE) tailored to their unique needs. This legal recognition, which encompasses the challenges faced by individuals with Level 1 ASD, allows them to access necessary support in educational settings.
Practical Support: Accessing Accommodations in Education and Employment
Once Autism Spectrum Disorder is legally recognized as a disability, a person is entitled to formal accommodations and supports designed to mitigate the impact of their challenges. In the educational system, this support is primarily implemented through two formal mechanisms.
Educational Accommodations
An Individualized Education Program (IEP) provides specialized instruction and services for students whose disability affects their academic performance. Alternatively, a Section 504 Plan, based on the Rehabilitation Act, offers accommodations that allow a student with a disability to participate fully in the general education curriculum. These accommodations might include extended time for tests, a quiet location for completing assignments, or the use of sensory tools like noise-canceling headphones. The goal of both plans is to ensure an accessible learning environment.
Workplace Accommodations
In the workplace, the ADA mandates that employers provide reasonable accommodations to employees with ASD, provided the accommodation does not cause an “undue hardship.” These accommodations help the individual perform the essential functions of their job. Common workplace adjustments include providing written instructions and visual aids instead of verbal-only directions, flexible scheduling, or modifying the workspace to be more sensory-friendly, such as offering adjustable lighting or a quiet area.