42 U.S.C. § 12102 — Definition of disability
submitted 36 years ago by Pub. L. 101-336 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 531 words · no verdicts yet
"Disability" means a physical or mental impairment that substantially limits a major life activity. It also means having a record of such an impairment, or being regarded as having one. Major life activities include things like seeing, walking, and working, plus major body functions. This definition must be read broadly, and most medical treatments don't count against it.
As used in this chapter:
(1) Disability
"Disability" means, for an individual:
(A) a physical or mental impairment that substantially limits one or more major life activities;
(B) a record of having had such an impairment; or
(C) being regarded as having such an impairment (as explained in paragraph (3)).
(2) Major life activities
(A) In general. Major life activities include, but aren't limited to: caring for oneself, doing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
(B) Major bodily functions. A major life activity also includes a major body function working properly — including the immune system, normal cell growth, and the digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive systems.
(3) Regarded as having such an impairment
(A) A person meets the "regarded as" test if they show they were subjected to an action this chapter prohibits, because of an actual or perceived physical or mental impairment — whether or not that impairment actually limits, or is perceived to limit, a major life activity.
(B) But this doesn't apply to impairments that are transitory and minor. A "transitory" impairment is one with an actual or expected duration of six months or less.
(4) Rules of construction regarding the definition of disability
The definition of "disability" in paragraph (1) must be read using these rules:
(A) The definition must be read to favor broad coverage of individuals, to the maximum extent this chapter's terms permit.
(B) "Substantially limits" must be read consistent with the findings and purposes of the ADA Amendments Act of 2008.
(C) An impairment only needs to substantially limit one major life activity to count — it doesn't need to limit others too.
(D) An impairment that comes and goes, or is currently in remission, still counts as a disability if it would substantially limit a major life activity when active.
(E)
(i) Whether an impairment substantially limits a major life activity is decided without regard to how much better certain mitigating measures make it — including medication, medical supplies, equipment, low-vision devices (not counting ordinary eyeglasses or contact lenses), prosthetics, hearing aids or cochlear implants, mobility devices, or oxygen equipment; use of assistive technology; reasonable accommodations or auxiliary aids; or learned behavioral or adaptive neurological modifications.
(ii) The one exception: the effect of ordinary eyeglasses or contact lenses IS considered when deciding whether an impairment substantially limits a major life activity.
(iii) In this subparagraph: "ordinary eyeglasses or contact lenses" means lenses meant to fully correct visual acuity or eliminate refractive error. "Low-vision devices" means devices that magnify, enhance, or otherwise augment a visual image.
As used in this chapter:
The term “disability” means, with respect to an individual—
a physical or mental impairment that substantially limits one or more major life activities of such individual;
a record of such an impairment; or
being regarded as having such an impairment (as described in paragraph (3)).
For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
For purposes of paragraph (1)(C):
An individual meets the requirement of “being regarded as having such an impairment” if the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.
Paragraph (1)(C) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.
The definition of “disability” in paragraph (1) shall be construed in accordance with the following:
The definition of disability in this chapter shall be construed in favor of broad coverage of individuals under this chapter, to the maximum extent permitted by the terms of this chapter.
The term “substantially limits” shall be interpreted consistently with the findings and purposes of the ADA Amendments Act of 2008.
An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.
An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as—
medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;
use of assistive technology;
reasonable accommodations or auxiliary aids or services; or
learned behavioral or adaptive neurological modifications.
The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.
As used in this subparagraph—
the term “ordinary eyeglasses or contact lenses” means lenses that are intended to fully correct visual acuity or eliminate refractive error; and
the term “low-vision devices” means devices that magnify, enhance, or otherwise augment a visual image.
Source credit: (Pub. L. 101–336, § 3, July 26, 1990, 104 Stat. 329; Pub. L. 110–325, § 4(a), Sept. 25, 2008, 122 Stat. 3555.)
- 1990Enacted · Pub. L. 101-336 · 104 Stat. 329
- 2008Amended · Pub. L. 110-325 · 122 Stat. 3555
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-336 on 1990-07-26.
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