(a) Handicapped person means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.
(b) As used in paragraph (a) of this section, the phrase:
(1) Physical or mental impairment means:
(i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or
(ii) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
The term “physical or mental impairment” includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, and drug addiction and alcoholism.
(2) Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(3) Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
(4) Is regarded as having an impairment means:
(i) Has a physical or mental impairment that does not substantially limit major life activities but is treated by a recipient as constituting such a limitation;
(ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or
(iii) Has none of the impairments defined in paragraph (b)(1) of this section but is treated by a recipient as having such an impairment.
Notes of Decisions
Bragdon v. Abbott, 524 U.S. 624 (1998).
· cites it 8× “28 CFR § 41.31 (b)(1) (1997). In addition, the representative list of diseases and conditions originally relegated to the commentary accompanying the HEW regulations were incorporated into the text of the regulations.”
Walton v. U.S. Marshals Serv., 492 F.3d 998 (9th Cir. 2007).
· cites it 2× “3 (j)(2)(ii) (1997) and 28 C.F.R. § 41.31 (b)(2) (1997)). Because “[t]he plain meaning of the word ‘major’ denotes comparative importance,” we then compare the proposed activity with the major life activities enumerated in the regulations, noting that “the touchstone for…”
Donna Heilweil v. Mount Sinai Hosp., 32 F.3d 718 (2d Cir. 1994).
· cites it 2× “3 (j)(2)(ii) (1989); see also 28 C.F.R. § 41.31 (b)(2) (1989) (same). Because the Act is a remedial statute, it and the regulations promulgated under it are to be construed broadly.”
Sensing v. Outback Steakhouse of Florida, LLC, 575 F.3d 145 (1st Cir. 2009).
“15 It is undisputed that, at least by late fall 2004, Kozmits was aware of Sensing’s diagnosis. Moreover, Chapter 151B defines the term “major life activities” as including such functions as “caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking,…”
Bell v. Gonzales, 398 F. Supp. 2d 78 (D.D.C. 2005).
“The Department of Justice regulations defining disability under the Rehabilitation Act ( 28 C.F.R. § 41.31 (b)(2)) offer a non-exhaustive list of major life activities that does not include "interacting with others,” but that, too, sheds little light on this issue.”
Fraser v. Goodale, 342 F.3d 1032 (9th Cir. 2003).
“103 ; 28 C.F.R. § 41.31 (b)(1); 28 C.F.R. § 35.”
Byrd v. BT Foods, Inc., 948 So. 2d 921 (Fla. 4th DCA 2007).
“3 (j)(2)(ii); 28 C.F.R. § 41.31 (b)(2)(1997). To support the argument that she is disabled, Byrd relies on Bragdon , where an HIV infected patient sued a dentist who refused to treat her in his office.”
Ramos-Echevarría v. Pichis, Inc., 698 F. Supp. 2d 262 (D.P.R. 2010).
“3 (j)(2)(ii) (1997); 28 C.F.R. § 41.31 (b)(2) (1997). As the use of the term “such as” confirms, the list is illustrative, not exhaustive.”
— 28 C.F.R. § 41.31(b)(2) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.