None of the above - meaning there are different answers for these different characteristics-it depends, for example, criminal convictions can be considered (though usually must be job related) while arrest records cannot be used by all but a few types of employers. and then the law changes over time. and the regulations shift. and the court interpretations make a difference. and the legislatures can alter the court interpretations as the us congress and president did by tightening disability rules under the ada amendments act of 2008 (adaaa). what constitutes a disability was narrowed by the us supreme court but the 2008 law has broadened the definitions.