U.S. Code » Title 42 » Chapter CHAPTER 126— EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES › Subchapter SUBCHAPTER IV— MISCELLANEOUS PROVISIONS

42 U.S.C. § 12211

Definitions

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar
(a) Homosexuality and bisexuality

For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.

(b) Certain conditionsUnder this chapter, the term “disability” shall not include—(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;(2) compulsive gambling, kleptomania, or pyromania; or(3) psychoactive substance use disorders resulting from current illegal use of drugs.(Pub. L. 101–336, title V, § 512, formerly § 511, July 26, 1990, 104 Stat. 376; renumbered § 512, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558.)Editorial NotesReferences 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.

Section 12102 of this title, referred to in subsec. (a), was amended generally by Pub. L. 110–325, § 4(a), Sept. 25, 2008, 122 Stat. 3555, and, as so amended, provisions formerly appearing in par. (2) are now contained in par. (1).

Prior Provisions

A prior section 512 of Pub. L. 101–336, which amended former section 706 of Title 29, Labor, was renumbered section 513.

Notes of Decisions
Cited in 46 cases (18 in the last 5 years), 1993–2026 · leading case: Kesha Williams v. Stacey Kincaid, 45 F.4th 759 (4th Cir. 2022).
Sort: Relevance Newest Treatment
Kesha Williams v. Stacey Kincaid, 45 F.4th 759 (4th Cir. 2022). · cites it 6× “” 42 U.S.C. § 12211 (b)(1). Williams alleges that the medical treatment for her gender dysphoria “consisted primarily of a hormone therapy, which she used to effectively manage and alleviate the gender dysphoria she experienced,” and that she had received this medical treatment…”
Romer v. Evans, 517 U.S. 620 (1996). · cites it 2× “(1975), and which took the pains to exclude them specifically from the Americans with Disabilities Act of 1990, see 42 U. S. C. § 12211 (a) (1988 ed., Supp. V).”
Luka v. Bard Coll., 263 F. Supp. 3d 478 (S.D.N.Y. 2017). “as a person whom he deemed ‘mentally ill.’ ”), 8 (“After Defendant Scalzo learned Plaintiff was lesbian he began to perceive her as mentally ill.”
Dee Farmer v. Richard Haas, Edward J. Brennan, & L.E. Dubois, 990 F.2d 319 (7th Cir. 1993). “Koranyi, Transsexuality in the Male: The Spectrum of Gender Dysphoria (1980); American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders § 302.”
Parker v. Strawser Constr., Inc., 307 F. Supp. 3d 744 (S.D. Ohio 2018). “42 U.S.C. § 12211 (b)(1) ; O.R.C. § 4112.”
Den Hartog v. Wasatch Academy, 129 F.3d 1076 (10th Cir. 1997). “42 U.S.C. § 12211 (a) (1994). 10 . For example, the district court cited a letter from an EEOC Communications Director to a U.”
James v. City of Costa Mesa, 700 F.3d 394 (9th Cir. 2012). “As the Equal Employment Opportunity Commission has explained, A person who alleges disability based on one of the excluded conditions [such as current use of illegal drugs or compulsive gambling, see 42 U.S.C. § 12211 (b)(2),] is not an individual with a disability under the ADA.”
Conrad v. Bd. of Johnson Cnty. Commissioners, 237 F. Supp. 2d 1204 (D. Kan. 2002). “§ 12111 (b)(1) (the term "disability” does not included transvesti-tism, transsexualism, pedophilia, or other sexual behavior disorders). 28 . Although Plaintiff provided the Court with a copy of the MMPI-2 test, she did not identify which of the test's 567 questions deal with…”
Winston v. Maine Technical Coll. Sys., 631 A.2d 70 (Me. 1993). “We further note that the Diagnostic and Statistical Manual does not officially include sexual addiction, that defendant’s psychiatrist’s opinion is based on a very broad “process” addiction model representing the view of a “subset” of physicians, and that the Americans with…”
William Runnebaum v. Nationsbank of Maryland, N.A., 95 F.3d 1285 (4th Cir. 1996). “See 42 U.S.C.A. § 12211 (a) (West 1995). . Seropositive means "serologically positive; showing positive results on serological examination; showing a high level of antibody.”
Runnebaum v. NationsBank of Maryland, N.A., 123 F.3d 156 (4th Cir. 1997). · cites it 2× “See 42 U.S.C.A. § 12211 (a) (West 1995). 6 preventing him from receiving payments for his AZT treatment.”
Hispanic Aids Forum v. Est. of Bruno, 16 A.D.3d 294 (N.Y. App. Div. 2005). “Indeed, it is arguably more meaningful that the Legislature did not specifically exclude the transgendered from the statute’s application, as Congress did in the Americans with Disabilities Act (see 42 USC § 12211 [b] [1]) and the Rehabilitation Act (see 29 USC § 705 [20] [F]…”
Show all 46 citing cases →
— 42 U.S.C. § 12211(b)(3) — 1 case
Baustian v. State of La., 929 F. Supp. 980 (E.D. La. 1996).
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.