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42 U.S.C. § 12103 — Severability
Federal law — U.S. Code and appendices · legal_authorities
Should any provision in this chapter be found to be unconstitutional by a court of law, such provision shall be severed from the remainder of the chapter, and such action shall not affect the enforceability of the remaining provisions of the chapter.
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Source location: Title 42, Chapter 126, § 12103; chapter-126-equal-opportunity-for-individuals-with-disabilities.md
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Should any provision in this chapter be found to be unconstitutional by a court of law, such provision shall be severed from the remainder of the chapter, and such action shall not affect the enforceability of the remaining provisions of the chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.
**(b) Certain conditions** Under this chapter, the term “disability” shall not include—
(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; or
(3) psychoactive substance use disorders resulting from current illegal use of drugs.
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Federal law — U.S. Code and appendices · legal_authorities
The authority to issue regulations granted to the Equal Employment Opportunity Commission, the Attorney General, and the Secretary of Transportation under this chapter includes the authority to issue regulations implementing the definitions of disability in [section 12102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12102&num=0&edition=prelim) (including rules of construction) and the definitions in [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12103&num=0&edition=prelim), consistent with the ADA Amendments Act of 2008.
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Federal law — U.S. Code and appendices · legal_authorities
Page 8240
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12103
(D) An impairment that is episodic or in
remission is a disability if it would substan-
tially limit a major life activity when ac-
tive.
(E)(i) The determination of whether an im-
pairment substantially limits a major life
activity shall be made without regard to the
ameliorative effects of mitigating measures
such as—
(I) medication, medical supplies, equip-
ment, or appliances, low-vision devices
(which do not include ordinary eyeglasses
or contact lenses), prosthetics including
limbs and devices, hearing aids and coch-
lear implants or other implantable hearing
devices, mobility devices, or oxygen ther-
apy equipment and supplies;
(II) use of assistive technology;
(III) reasonable accommodations or aux-
iliary aids or services; or
(IV) learned behavioral or adaptive neu-
rological modifications.
(ii) The ameliorative effects of the miti-
gating measures of ordinary eyeglasses or
contact lenses shall be considered in deter-
mining whether an impairment substan-
tially limits a major life activity.
(iii) As used in this subparagraph—
(I) the term ‘‘ordinary eyeglasses or con-
tact lenses’’ means lenses that are in-
tended to fully correct visual acuity or
eliminate refractive error; and
(II) the term ‘‘low-vision devices’’ means
devices that magnify, enhance, or other-
wise augment a visual image.
(Pub. L. 101–336, § 3, July 26, 1990, 104 Stat. 329;
Pub. L. 110–325, § 4(a), Sept. 25, 2008, 122 Stat.
3555.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104
Stat. 327, which is classified principally to this chapter.
For complete classification of this Act to the Code, see
Short Title note set
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