U.S. Code
»
Title 42
» Chapter CHAPTER 126— EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
42 U.S.C. § 12102
Definition of disability
As used in this chapter:(1) DisabilityThe 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 impairment (as described in paragraph (3)).(2) Major life activities(A) In generalFor 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, breathing, learning, reading, concentrating, thinking, communicating, and working.
(B) Major bodily functionsFor 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, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
(3) Regarded as having such an impairmentFor purposes of paragraph (1)(C):(A) An individual meets the requirement of “being regarded as having such an impairment” if the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.(B) Paragraph (1)(C) shall not apply to impairments 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 definition of disabilityThe 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 limits one major life activity need not limit other major life activities in order to be considered a disability.(D) An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.(E)(i) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as—(I) medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;(II) use of assistive technology;(III) reasonable accommodations or auxiliary aids or services; or(IV) learned behavioral or adaptive neurological modifications.(ii) The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.(iii) As used in this subparagraph—(I) the term “ordinary eyeglasses or contact lenses” means lenses that are intended to fully correct visual acuity or eliminate refractive error; and(II) the term “low-vision devices” means devices that magnify, enhance, or otherwise 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 NotesReferences in TextThis 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 purposes 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.
Amendments2008—Pub. L. 110–325 amended section generally. Prior to amendment, section consisted of pars. (1) to (3) defining for purposes of this chapter “auxiliary aids and services”, “disability”, and “State”.
Statutory Notes and Related SubsidiariesEffective Date of 2008 AmendmentAmendment 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.
Notes of Decisions
Mancini v. City of Providence (2018)
ca1 · cites it 9×
“In that regard, the ADA offers three alternative definitions of disability: "a physical or mental impairment that substantially limits one or more major life activities," 42 U.S.C. § 12102 (1)(A) 4 ; "a record of such an impairment," id.”
Bragdon v. Abbott (1998)
scotus · cites it 10×
“major life activities," or is so perceived, 42 U. S. C. §§ 12102 (2)(A), (C), including the afflicted individual's family relations, employment potential, and ability to care for herself, see 45 CFR § 84.”
Ahmad Nurriddin v. Charles Bolden (2016)
cadc · cites it 6×
“§ 705 (20) (B) (cross-referencing 42 U.S.C. § 12102 (1)). Assuming that working is a major life activity, see Adams, 531 F.”
Equal Emp't Opportunity Comm'n v. BNSF Ry. Co. (2018)
ca9 · cites it 9×
“42 U.S.C. § 12102 (1)(C). 5 The ADA currently provides that: An individual meets the requirement of "being regarded as having such an impairment" if the individual establishes that he or she has been subjected to an action prohibited under [the ADA] because of an actual or…”
David Neely v. Benchmark Family Services (2016)
ca6 · cites it 8×
“” 42 U.S.C. § 12102 (1)(A)-(C). Because Neely failed to put forward evidence that would allow any rational trier of fact to conclude he has a disability, he is not “disabled” under the ADA and we affirm the grant of summary judgment on Neely’s discriminatory discharge claims.”
Heidi Hostettler v. College of Wooster (2018)
ca6 · cites it 4×
“" 42 U.S.C. § 12102 (4)(A). That is because the primary concern of the ADA is "whether covered entities have complied with their obligations and whether discrimination has occurred," not whether an individual's impairment is a disability.”
B.C. v. Mount Vernon School District (2016)
ca2 · cites it 6×
“§ 1401 (3)(A), can establish a prima facie case with respect to a claim predicated on the plaintiff having a “disability” under the ADA, 42 U.S.C. §12102 (1), and Section 504, 29 U.”
— 42 U.S.C. § 12102(1) — 12 cases
— 42 U.S.C. § 12102(1)(A) — 12 cases
— 42 U.S.C. § 12102(1)(C) — 2 cases
— 42 U.S.C. § 12102(2) — 22 cases
— 42 U.S.C. § 12102(2)(A) — 14 cases
— 42 U.S.C. § 12102(2)(B) — 5 cases
— 42 U.S.C. § 12102(2)(C) — 1 case
— 42 U.S.C. § 12102(3) — 4 cases
— 42 U.S.C. § 12102(3)(A) — 3 cases
— 42 U.S.C. § 12102(3)(B) — 4 cases
— 42 U.S.C. § 12102(4)(A) — 3 cases
— 42 U.S.C. § 12102(4)(B) — 1 case
— 42 U.S.C. § 12102(4)(D) — 4 cases
— 42 U.S.C. § 12102(4)(E)(ii) — 1 case
— 42 U.S.C. § 12102(A) — 1 case
— 42 U.S.C. § 12102(l) — 1 case
— 42 U.S.C. § 12102(l)(c) — 1 case
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