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42 U.S.C. § 12112 — Definition of disability
Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter:
(1) **Disability** — The term “disability” means, with respect to an individual—
(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment (as described in paragraph (3)).
(2) **Major life activities**
(A) *In general* — 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.
(B) *Major bodily functions* — 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.
(3) **Regarded as having such an impairment** — For purposes of paragraph (1)(C):
(A) 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.
(B) 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.
(4) **Rules of construction regarding the definition of disability** — The definition of “disability” in paragraph (1) shall be construed in acco
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Source location: Title 42, Chapter 126, § 12112; chapter-126-equal-opportunity-for-individuals-with-disabilities.md
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As used in this chapter:
(1) **Disability** — The term “disability” means, with respect to an individual—
(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment (as described in paragraph (3)).
(2) **Major life activities**
(A) *In general* — 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.
(B) *Major bodily functions* — 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.
(3) **Regarded as having such an impairment** — For purposes of paragraph (1)(C):
(A) 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.
(B) 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.
(4) **Rules of construction regarding the definition of disability** — The definition of “disability” in paragraph (1) shall be construed in accordance with the following:
(A) 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.
(B) The term “substantially limits” shall be interpreted consistently with the findings and purposes of the ADA Amendments Act of 2008.
(C) An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.
(D) An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
(E)
(i) 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—
(I) 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;
(II) use of assistive technology;
(III) reasonable accommodations or auxiliary aids or services; or
(IV) learned behavioral or adaptive neurological modifications.
(ii) 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.
(iii) As used in this subparagraph—
(I) the term “ordinary eyeglasses or contact lenses” means lenses that are intended to fully correct visual acuity or eliminate refractive error; and
(II) the term “low-vision devices” means devices that magnify, enhance, or otherwise augment a visual image.
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The State may use funds received under this subpart to provide the resources described in [section 796d(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796d/e&num=0&edition=prelim) (but may not use more than 30 percent of the funds paid to the State under [section 796e–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796e-1&num=0&edition=prelim) for such resources unless the State specifies that a greater percentage of the funds is needed for such resources in a State plan approved under [section 796d–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796d-1&num=0&edition=prelim)), relating to the Statewide Independent Living Council, may retain funds under [section 796c(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c/c/5&num=0&edition=prelim), and shall distribute the remainder of the funds received under this subpart in a manner consistent with the approved State plan for the activities described in subsection (b).
**(b) Activities** The State may use the remainder of the funds described in subsection (a)—
(1) to provide independent living services to individuals with significant disabilities, particularly those in unserved areas of the State;
(2) to demonstrate ways to expand and improve independent living services;
(3) to support the operation of centers for independent living that are in compliance with the standards and assurances set forth in subsections (b) and (c) of [section 796f–4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796f-4&num=0&edition=prelim);
(4) to support activities to increase the capacities o
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 705
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** For purposes of this subtitle, the term “adjusted gross income” means, in the case of an individual, gross income minus the following deductions:
(1) **Trade and business deductions** — The deductions allowed by this chapter (other than by part VII of this subchapter) which are attributable to a trade or business carried on by the taxpayer, if such trade or business does not consist of the performance of services by the taxpayer as an employee.
(2) **Certain trade and business deductions of employees**
(A) *Reimbursed expenses of employees* — The deductions allowed by part VI (section 161 and following) which consist of expenses paid or incurred by the taxpayer, in connection with the performance by him of services as an employee, under a reimbursement or other expense allowance arrangement with his employer. The fact that the reimbursement may be provided by a third party shall not be determinative of whether or not the preceding sentence applies.
(B) *Certain expenses of performing artists* — The deductions allowed by section 162 which consist of expenses paid or incurred by a qualified performing artist in connection with the performances by him of services in the performing arts as an employee.
(C) *Certain expenses of officials* — The deductions allowed by section 162 which consist of expenses paid or incurred with respect to services performed by an official as an employee of a State or a political subdivision thereof in a position compensated in whole or in part on a fee basis.
(D) *Certain expenses of elementary and secondary school teachers* — The deductions allowed by section 162 which consist of expenses, not in excess of $250, paid or incurred by an eligible educator—
(i) by reason of the participation of the educator
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 62
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) **Commission** — The term “Commission” means the Equal Employment Opportunity Commission established by [section 2000e–4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-4&num=0&edition=prelim).
(2) **Covered entity** — The term “covered entity” means an employer, employment agency, labor organization, or joint labor-management committee.
(3) **Direct threat** — The term “direct threat” means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.
(4) **Employee** — The term “employee” means an individual employed by an employer. With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States.
(5) **Employer**
(A) *In general* — The term “employer” means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person, except that, for two years following the effective date of this subchapter, an employer means a person engaged in an industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of such person.
(B) *Exceptions* — The term “employer” does not include—
(i) the United States, a corporation wholly owned by the government of the United States, or an Indian tribe; or
(ii) a bona fide private membership club (other than a labor organization) that is exempt from taxation under [section 501(c) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c&num=0&edition=prelim).
(6) **
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12114
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Right of recovery**
(1) **Civil rights** — In an action brought by a complaining party under section 706 or 717 of the Civil Rights Act of 1964 [[42 U.S.C. 2000e–5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-5&num=0&edition=prelim), 2000e–16] against a respondent who engaged in unlawful intentional discrimination (not an employment practice that is unlawful because of its disparate impact) prohibited under section 703, 704, or 717 of the Act [[42 U.S.C. 2000e–2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2&num=0&edition=prelim), 2000e–3, 2000e–16], and provided that the complaining party cannot recover under [section 1981 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1981&num=0&edition=prelim), the complaining party may recover compensatory and punitive damages as allowed in subsection (b), in addition to any relief authorized by section 706(g) of the Civil Rights Act of 1964, from the respondent.
(2) **Disability** — In an action brought by a complaining party under the powers, remedies, and procedures set forth in section 706 or 717 of the Civil Rights Act of 1964 [[42 U.S.C. 2000e–5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-5&num=0&edition=prelim), 2000e–16] (as provided in section 107(a) of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12117(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12117/a&num=0&edition=prelim)), and [section 794a(a)(1) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794a/a/1&num=0&edition=prelim), respectively) against a respondent who engaged in unlawful intentional discrimination (not an e
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1981a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Nothing in this chapter shall be construed to—
(1) limit the rights or protections of an individual under any other Federal or State statute that provides equal or greater protection to an individual than the rights or protections provided for under this chapter, including the protections of an individual under the Americans with Disabilities Act of 1990 ([42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) et seq.) (including coverage afforded to individuals under section 102 of such Act ([42 U.S.C. 12112](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112&num=0&edition=prelim))), or under the Rehabilitation Act of 1973 ([29 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section701&num=0&edition=prelim) et seq.);
(2)
(A) limit the rights or protections of an individual to bring an action under this chapter against an employer, employment agency, labor organization, or joint labor-management committee for a violation of this chapter; or
(B) provide for enforcement of, or penalties for violation of, any requirement or prohibition applicable to any employer, employment agency, labor organization, or joint labor-management committee subject to enforcement for a violation under—
(i) the amendments made by title I of this Act;
(ii)
(I) subsection (a) of [section 1181 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1181&num=0&edition=prelim) as such section applies with respect to genetic information pursuant to subsection (b)(1)(B) of such section;
(II) [section 1182(a)(1)(F) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-titl
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000ff–8
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Federal law — U.S. Code and appendices · legal_authorities
Page 8242
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12112
1991—Par. (4). Pub. L. 102–166 inserted at end ‘‘With
respect to employment in a foreign country, such term
includes an individual who is a citizen of the United
States.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–325 effective Jan. 1, 2009,
see section 8 of Pub. L. 110–325, set out as a note under
section 705 of Title 29, Labor.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–166 inapplicable to con-
duct occurring before Nov. 21, 1991, see section 109(c) of
Pub. L. 102–166, set out as a note under section 2000e of
this title.
EFFECTIVE DATE
Pub. L. 101–336, title I, § 108, July 26, 1990, 104 Stat.
337, provided that: ‘‘This title [enacting this sub-
chapter] shall become effective 24 months after the
date of enactment [July 26, 1990].’’
§ 12112. Discrimination
(a) General rule
No covered entity shall discriminate against a
qualified individual on the basis of disability in
regard to job application procedures, the hiring,
advancement, or discharge of employees, em-
ployee compensation, job training, and other
terms, conditions, and privileges of employ-
ment.
(b) Construction
As used in subsection (a), the term ‘‘discrimi-
nate against a qualified individual on the basis
of disability’’ includes—
(1) limiting, segregating, or classifying a job
applicant or employee in a way that adversely
affects the opportunities or status of such ap-
plicant or employee because of the disability
of such applicant or employee;
(2) participating in a contractual or other
arrangement or relationship that has the ef-
fect of subjecting a covered entity’s qualified
applicant or employee with a disability to the
discrimination prohibite
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12112
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