42 U.S.C. § 12102 — Definition of disability

Page 8239 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12102 people with a range of substantially limiting impair- ments are not people with disabilities; ‘‘(7) in particular, the Supreme Court, in the case of Toyota Motor Manufacturing, Kentucky, Inc. v. Wil- liams, 534 U.S. 184 (2002), interpreted the term ‘sub- stantially limits’ to require a greater degree of limi- tation than was intended by Congress; and ‘‘(8) Congress finds that the current Equal Employ- ment Opportunity Commission ADA regulations de- fining the term ‘substantially limits’ as ‘significantly restricted’ are inconsistent with congressional in- tent, by expressing too high a standard. ‘‘(b) PURPOSES.—The purposes of this Act [see Short Title of 2008 Amendment note above] are— ‘‘(1) to carry out the ADA’s objectives of providing ‘a clear and comprehensive national mandate for the elimination of discrimination’ and ‘clear, strong, con- sistent, enforceable standards addressing discrimina- tion’ by reinstating a broad scope of protection to be available under the ADA; ‘‘(2) to reject the requirement enunciated by the Supreme Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its companion cases that whether an impairment substantially limits a major life activity is to be determined with reference to the ameliorative effects of mitigating measures; ‘‘(3) to reject the Supreme Court’s reasoning in Sut- ton v. United Air Lines, Inc., 527 U.S. 471 (1999) with regard to coverage under the third prong of the defi- nition of disability and to reinstate the reasoning of the Supreme Court in School Board of Nassau County v. Arline, 480 U.S. 273 (1987) which set forth a broad view of the third prong of the definition of handicap under the Rehabilitation Act of 1973; ‘‘(4) to reject the standards enunciated by the Su- preme Court in Toyota Motor Manufacturing, Ken- tucky, Inc. v. Williams, 534 U.S. 184 (2002), that the terms ‘substantially’ and ‘major’ in the definition of disability under the ADA ‘need to be interpreted strictly to create a demanding standard for quali- fying as disabled,’ and that to be substantially lim- ited in performing a major life activity under the ADA ‘an individual must have an impairment that prevents or severely restricts the individual from doing activities that are of central importance to most people’s daily lives’; ‘‘(5) to convey congressional intent that the stand- ard created by the Supreme Court in the case of Toy- ota Motor Manufacturing, Kentucky, Inc. v. Wil- liams, 534 U.S. 184 (2002) for ‘substantially limits’, and applied by lower courts in numerous decisions, has created an inappropriately high level of limitation necessary to obtain coverage under the ADA, to con- vey that it is the intent of Congress that the primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations, and to convey that the question of whether an individual’s impair- ment is a disability under the ADA should not de- mand extensive analysis; and ‘‘(6) to express Congress’ expectation that the Equal Employment Opportunity Commission will revise that portion of its current regulations that defines the term ‘substantially limits’ as ‘significantly re- stricted’ to be consistent with this Act, including the amendments made by this Act.’’ STUDY BY GENERAL ACCOUNTING OFFICE OF EXISTING DISABILITY-RELATED EMPLOYMENT INCENTIVES Pub. L. 106–170, title III, § 303(a), Dec. 17, 1999, 113 Stat. 1903, provided that, as soon as practicable after Dec. 17, 1999, the Comptroller General was to undertake a study to assess existing tax credits and other dis- ability-related employment incentives under the Amer- icans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and other Federal laws, specifically addressing the extent to which such credits and other incentives would encourage employers to hire and retain individ- uals with disabilities; and that, not later than 3 years after Dec. 17, 1999, the Comptroller General was to transmit to the appropriate congressional committees a written report presenting the results of the study and any appropriate recommendations for legislative or ad- ministrative changes. § 12102. Definition of disability 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 im- pairment (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, breath- ing, learning, reading, concentrating, think- ing, 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, blad- der, neurological, brain, respiratory, cir- culatory, endocrine, and reproductive func- tions. (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 impair- ment’’ if the individual establishes that he or she has been subjected to an action pro- hibited under this chapter because of an ac- tual or perceived physical or mental impair- ment whether or not the impairment limits or is perceived to limit a major life activity. (B) Paragraph (1)(C) shall not apply to im- pairments 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 defini- tion 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 lim- its one major life activity need not limit other major life activities in order to be con- sidered a disability. 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 out under section 12101 of this title and Tables. The ADA Amendments Act of 2008, referred to in par. (4)(B), is Pub. L. 110–325, Sept. 25, 2008, 122 Stat. 3553. Section 2 of the Act, relating to the findings and pur- poses of the Act, is set out as a note under section 12101 of this title. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note under section 12101 of this title and Tables. AMENDMENTS 2008—Pub. L. 110–325 amended section generally. Prior to amendment, section consisted of pars. (1) to (3) de- fining for purposes of this chapter ‘‘auxiliary aids and services’’, ‘‘disability’’, and ‘‘State’’. 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. § 12103. Additional definitions As used in this chapter: (1) Auxiliary aids and services The term ‘‘auxiliary aids and services’’ in- cludes— (A) qualified interpreters or other effective methods of making aurally delivered mate- rials available to individuals with hearing impairments; (B) qualified readers, taped texts, or other effective methods of making visually deliv- ered materials available to individuals with visual impairments; (C) acquisition or modification of equip- ment or devices; and (D) other similar services and actions. (2) State The term ‘‘State’’ means each of the several States, the District of Columbia, the Common- wealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, the Trust Territory of the Pacific Is- lands, and the Commonwealth of the Northern Mariana Islands.’’. (Pub. L. 101–336, § 4, as added Pub. L. 110–325, § 4(b), Sept. 25, 2008, 122 Stat. 3556.) 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 out under section 12101 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 2009, see section 8 of Pub. L. 110–325, set out as an Effective Date of 2008 Amendment note under section 705 of Title 29, Labor. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. SUBCHAPTER I—EMPLOYMENT § 12111. Definitions As used in this subchapter: (1) Commission The term ‘‘Commission’’ means the Equal Employment Opportunity Commission estab- lished by section 2000e–4 of this title. (2) Covered entity The term ‘‘covered entity’’ means an em- ployer, employment agency, labor organiza- tion, or joint labor-management committee. (3) Direct threat The term ‘‘direct threat’’ means a signifi- cant risk to the health or safety of others that cannot be eliminated by reasonable accommo- dation. (4) Employee The term ‘‘employee’’ means an individual employed by an employer. With respect to em- ployment in a foreign country, such term in- cludes an individual who is a citizen of the United States.