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42 U.S.C. § 12211 — Transvestites

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12211 — Transvestites

For the purposes of this chapter, the term “disabled” or “disability” shall not apply to an individual solely because that individual is a transvestite.

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Source file: Laws/federal/codes/united-states-code/title-42/section-12211-transvestites--2ca2fc1ed0.md
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Source location: Title 42, Chapter 126, § 12211; chapter-126-equal-opportunity-for-individuals-with-disabilities.md

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For the purposes of this chapter, the term “disabled” or “disability” shall not apply to an individual solely because that individual is a transvestite.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12101 — Definitions

**(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

42 U.S.C. § 12209 — Technical assistance

**(a) Plan for assistance** (1) **In general** — Not later than 180 days after July 26, 1990, the Attorney General, in consultation with the Chair of the Equal Employment Opportunity Commission, the Secretary of Transportation, the Chair of the Architectural and Transportation Barriers Compliance Board, and the Chairman of the Federal Communications Commission, shall develop a plan to assist entities covered under this chapter, and other Federal agencies, in understanding the responsibility of such entities and agencies under this chapter. (2) **Publication of plan** — The Attorney General shall publish the plan referred to in paragraph (1) for public comment in accordance with subchapter II of chapter 5 of title 5 (commonly known as the Administrative Procedure Act). **(b) Agency and public assistance** The Attorney General may obtain the assistance of other Federal agencies in carrying out subsection (a), including the National Council on Disability, the President’s Committee on Employment of People with Disabilities, the Small Business Administration, and the Department of Commerce. **(c) Implementation** (1) **Rendering assistance** — Each Federal agency that has responsibility under paragraph (2) for implementing this chapter may render technical assistance to individuals and institutions that have rights or duties under the respective subchapter or subchapters of this chapter for which such agency has responsibility. (2) **Implementation of subchapters** (A) *Subchapter I* — The Equal Employment Opportunity Commission and the Attorney General shall implement the plan for assistance developed under subsection (a), for subchapter I. (B) *Subchapter II* (i) *Part A* — The Attorney General shall implement such plan for assistance for part A of subchap

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12213 — Illegal use of drugs

**(a) In general** For purposes of this chapter, the term “individual with a disability” does not include an individual who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use. **(b) Rules of construction** Nothing in subsection (a) shall be construed to exclude as an individual with a disability an individual who— (1) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use; (2) is participating in a supervised rehabilitation program and is no longer engaging in such use; or (3) is erroneously regarded as engaging in such use, but is not engaging in such use; except that it shall not be a violation of this chapter for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in paragraph (1) or (2) is no longer engaging in the illegal use of drugs; however, nothing in this section shall be construed to encourage, prohibit, restrict, or authorize the conducting of testing for the illegal use of drugs. **(c) Health and other services** Notwithstanding subsection (a) and [section 12211(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12211/b/3&num=0&edition=prelim), an individual shall not be denied health services, or services provided in connection with drug rehabilitation, on the basis of the current illegal use of drugs if the individual is otherwise entitled to such services. **(d) “Illegal use of drugs” defined** (1) **In general** — The term “illegal use of drugs” means the use of drugs, the possession

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12211 — Definitions

Page 8272 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12211 1 See References in Text note below. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables. PRIOR PROVISIONS A prior section 511 of Pub. L. 101–336 was renumbered section 512 and is classified to section 12211 of this title. AMENDMENTS 2008—Subsec. (c). Pub. L. 110–325, § 6(a)(3), made tech- nical amendment to reference in original act which ap- pears in text as reference to section 12211(b)(3) of this title. 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. § 12211. Definitions (a) Homosexuality and bisexuality For purposes of the definition of ‘‘disability’’ in section 12102(2) 1 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 dis- orders not resulting from physical impair- ments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders re- sulting from current illegal use of drugs. (Pub. L. 101–336, title V, § 512, formerly § 511, July 26, 1990, 104 Stat. 376; renumbered § 512, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558.) 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 c

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