42 U.S.C. § 12103 — Additional definitions

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.