C.F.R. » Title 29 » CHAPTER XIV—EQUAL EMPLOYMENT OPPORTUNITY COMMISSION › PART 1615—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND IN ACCESSIBILITY OF COMMISSION ELECTRONIC AND INFORMATION TECHNOLOGY

29 C.F.R. § 1615.103

Definitions

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For purposes of this part, the term—

Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States Department of Justice.

Auxiliary aids means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the Commission. For example, auxiliary aids useful for persons with impaired vision include readers, Brailled materials, audio recordings, and other similar services and devices. Auxiliary aids useful for persons with impaired hearing include telephone handset amplifiers, telephones compatible with hearing aids, telecommunication devices for deaf persons (TDD's), interpreters, notetakers, written materials, and other similar services and devices. Auxiliary aids useful for persons with impaired ability to reach or grasp include goose neck telephone headsets, mechanical page turners, and raised or lowered furniture. These examples are not intended to be exclusive either as to the persons who are entitled to such aids or as to the type of aids that may be required. Although auxiliary aids are required explicitly only by § 1615.160(a)(1), they may also be necessary to meet other requirements of this part.

Commission means the Equal Employment Opportunity Commission.

Complete complaint means a written statement that contains the complainant's name and address and describes the Commission's actions in sufficient detail to inform the Commission of the nature and date of the alleged violation of section 504 or section 508. It shall be signed by the complainant or by someone authorized to do so on his or her behalf. Complaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged victims of discrimination.

Electronic and Information technology. Includes information technology and any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion, or duplication of data or information. The term electronic and information technology includes, but is not limited to, telecommunications products (such as telephones), information kiosks and transaction machines, World Wide Web sites, multimedia, and office equipment such as copiers and fax machines. The term does not include any equipment that contains embedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For example, HVAC (heating, ventilation, and air conditioning) equipment such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, are not information technology.

Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other conveyances, or other real or personal property.

Individual with disabilities 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. As used in this definition, the phrase:

(1) Physical or mental impairment includes—(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 includes 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 such an impairment means—(i) Has a physical or mental impairment that does not substantially limit major life activities but is treated by the agency 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 (1) of this definition but is treated by the agency as having an impairment.

Qualified individual with a disability means:

(1) With respect to any Commission program or activity (except employment), an individual with a disability who, with or without modifications or aids required by this part, meets the essential eligibility requirements for participation in, or receipt of benefits from, that program or activity.

(2) With respect to employment, a qualified individual with a disability as defined in 29 CFR 1630.2(m), which is made applicable to this part by § 1615.140.

Section 504 means section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617), the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955) and the Rehabilitation Act Amendments of 1986 (Pub. L. 99-506, 100 Stat. 1810). As used in this part, section 504 applies only to programs or activities conducted by Executive agencies and not to federally assisted programs.

Section 508 means section 508 of the Rehabilitation Act of 1973, Pub. L. 93-112, Title V, § 508, as added Pub. L. 99-506, Title VI, § 603(a), Oct. 21, 1986, 100 Stat. 1830, and amended Pub. L. 100-630, Title II, § 206(f), Nov. 7, 1988, 102 Stat. 3312; Pub. L. 102-569, Title V, § 509(a), Oct. 29, 1992, 106 Stat. 4430; Pub. L. 105-220, Title IV, § 408(b), Aug. 7, 1998, 112 Stat. 1203.

[54 FR 22749, May 26, 1989, as amended at 73 FR 39866, July 11, 2008]
Notes of Decisions
Cited in 12 cases, 1995–2016 · leading case: Strass v. Kaiser Found. Health Plan of Mid-Atl., 744 A.2d 1000 (D.C. 2000).
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Strass v. Kaiser Found. Health Plan of Mid-Atl., 744 A.2d 1000 (D.C. 2000). · cites it 8× “29 C.F.R. § 1615.103 (1). The EEOC has defined "major life activities" as functions such as caring for one's self [sic], performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.”
Denise Felix, Naomi Felix & Irene Cooper as Administrators of the Est. of Denise Felix v. New York City Transit Auth., 324 F.3d 102 (2d Cir. 2003). · cites it 2× “3d at 216 (citing 29 C.F.R. 1615.103(1)(ii)). 23 JACOBS, Circuit Judge, concurring.”
Vinson v. Thomas, 288 F.3d 1145 (9th Cir. 2002). “Instead, the court determined that the DLIR was entitled to require Vinson to submit a diagnosis of dyslexia from a qualified medical professional, and he had not done so.”
Lovejoy-Wilson v. Noco Motor Fuels, Inc., 242 F. Supp. 2d 236 (W.D.N.Y. 2003). “According to plaintiff, the only conceivable reason for offering such evidence would be to show or suggest that plaintiff did not qualify as an “individual with a disability” under the ADA as an element of her prima facie case, which the Second Circuit has already found to be…”
Brian Brunke v. The Goodyear Tire & Rubber Co., 344 F.3d 819 (8th Cir. 2003). “See 29 C.F.R. § 1615.103 (l)(ii). However, “[m]erely having an impairment does not make one disabled for purposes of the ADA.”
Eckles v. Consol. Rail Corp., 890 F. Supp. 1391 (S.D. Ind. 1995). “2 (h)) (“an individual with epilepsy would be considered to have an impairment even if the symptoms of the disorder were completely controlled by medicine”); 29 C.F.R. § 1615.103 (epilepsy is a “physical impairment” under Rehabilitation Act).”
Equal Emp. Opportunity Comm'n v. Kinney Shoe Corp., 917 F. Supp. 419 (W.D. Va. 1996). “Moreover, “[flederal regulations support the conclusion that epilepsy should normally be considered an impairment under the ADA” Eckles v.”
Russo v. SYSCO Food Servs. of Albany, L.L.C., 488 F. Supp. 2d 228 (N.D.N.Y. 2007). “” Under the ADA, “[t]he term ‘disability’ means, with respect to an individual — (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an…”
Miller v. Cohen, 52 F. Supp. 2d 389 (M.D. Penn. 1998). “” 29 C.F.R. § 1615.103 (2). Other major life activities include, but are not limited to, walking, lifting, standing, reaching, and bending.”
Taylor v. Dover Elevator Sys., Inc., 917 F. Supp. 455 (N.D. Miss. 1996). “Similarly, an individual with hearing loss would be considered to have an impairment even if the condition were correctable through the use of a hearing aid.”
Soc. Sec. Admin. v. Sridhar Boini (MSPB 2016). “¶27 Accordingly, although alcoholism is a disability within the meaning of the Rehabilitation Act, see 29 C.F.R. § 1615.103 , neither the Rehabilitation Act, nor the ADA, immunizes disabled employees from being disciplined for misconduct in the workplace, provided the agency…”
Brian Brunke v. Goodyear Tire (8th Cir. 2003). “See 29 C.F.R. § 1615.103 (1)(ii). However, “[m]erely having an impairment does not make one disabled for purposes of the ADA.”
— 29 C.F.R. § 1615.103(1)(ii) — 1 case
Denise Felix, Naomi Felix & Irene Cooper as Administrators of the Est. of Denise Felix v. New York City Transit Auth., 324 F.3d 102 (2d Cir. 2003). “3d at 216 (citing 29 C.F.R. 1615.103(1)(ii)). 23 JACOBS, Circuit Judge, concurring.”
— 29 C.F.R. § 1615.103(l)(ii) — 1 case
Lovejoy-Wilson v. Noco Motor Fuels, Inc., 242 F. Supp. 2d 236 (W.D.N.Y. 2003). “According to plaintiff, the only conceivable reason for offering such evidence would be to show or suggest that plaintiff did not qualify as an “individual with a disability” under the ADA as an element of her prima facie case, which the Second Circuit has already found to be…”
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