2.2(b) Record of a Substantially Limiting Condition This part of the definition protects people who have a history of a disability from discrimination, whether or not they currently are...
Search Results "Substantially Limits"
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2.2(b) Record of a Substantially Limiting Condition
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2.2(c) Regarded as Substantially Limited
2.2(c) Regarded as Substantially Limited This part of the definition protects people who are not substantially limited in a major life activity from discriminatory actions taken because...
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Substantial limitation
The determination of substantial limitation must be made on a case-by-case basis with respect to each individual student.21 Section 504 requires that, for elementary and secondary school...
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Episodic impairments
If an impairment only occurs periodically (that is, it is episodic) or is in remission, it is a disability if, when in an active phase, it would substantially limit a major life activity...
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Q7: Is learning the only major life activity that a school district must consider in determining if a student has a disability under Section 504 and Title II?
A student has a disability under Section 504 and Title II if a major life activity is substantially limited by his or her impairment....
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7. Q: What about applicants with a history of illegal drug use? Do they have rights under the ADA?
In order for an individual's drug addiction to be considered a disability under the ADA, it would have to pose a substantial limitation on one or more major life activities....
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§ 35.108 Definition of ‘‘disability.’’
(d) Substantially limits—(1) Rules of construction....
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Sections 35.101 and 36.101—Purpose and Broad Coverage
such a misperception is common, it agrees that it would be appropriate to include such a statement in the final rule, and has added it to the rules of construction explaining the phrase ‘‘substantially...
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Sections 35.108(a)(1) and 36.105(a)(1) Definition of ‘‘disability’’—General
Sections 35.108(a)(1) and 36.105(a)(1) Definition of ‘‘disability’’—General In the ADA, Congress originally defined ‘‘disability’’ as ‘‘(A) a physical or mental impairment that substantially...
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Sections 35.108(a)(2) and 36.105(a)(2) Definition of ‘‘disability’’—Rules of Construction
The term ‘‘actual disability’’ is used in these rules of construction as shorthand terminology to refer to an impairment that substantially limits a major life activity within the meaning...
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Rules of Construction for Major Life Activities
Williams that (1) strictly interpreted the terms ‘‘substantially’’ and ‘‘major’’ in the definition of ‘‘disability’’ to create a demanding standard for qualifying as disabled under the ADA...
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Sections 35.108(d)(1) and 36.105(d)(1)—Substantially Limits
Sections 35.108(d)(1) and 36.105(d)(1)—Substantially Limits Overview....
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Sections 35.108(d)(1)(i) and 36.105(d)(1)(i)—Broad Construction, Not a Demanding Standard
and argued that it would make the pool of people who might claim disabilities too large, allowing those without substantial limitations to be afforded protections under the law....
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Sections 35.108(d)(1)(ii) and 36.105(d)(1)(ii)—Primary Object of ADA Cases
Sections 35.108(d)(1)(ii) and 36.105(d)(1)(ii)—Primary Object of ADA Cases In the ADA Amendments Act, Congress directed that rules of construction should ensure that ‘‘substantially limits...
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Sections 35.108(d)(1)(iii) and 36.105(d)(1)(iii)—Impairment Need Not Substantially Limit More Than One Major Life Activity
Sections 35.108(d)(1)(iii) and 36.105(d)(1)(iii)—Impairment Need Not Substantially Limit More Than One Major Life Activity Proposed §§ 35.108(d)(1)(viii) and 36.105(d)(1)(viii) stated...
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Sections 35.108(d)(1)(iv) and 36.105(d)(1)(iv)—Impairments That Are Episodic or in Remission
Supp. 2d 177, 182–83 (D.N.H. 2002)] where the courts have discounted the impact of an impairment [such as cancer] that may be in remission as too short-lived to be substantially limiting...
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Sections 35.108(d)(1)(v) and 36.105(d)(1)(v)—Comparisons to Most People in the Population, and Impairment Need Not Prevent or Significantly or Severely Restrict a Major Life Activity
The ADA Amendments Act thus abrogates Toyota’s holding by mandating that ‘‘substantially limited’’ must no longer create ‘‘an inappropriately high level of limitation.’’...
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Sections 35.108(d)(1)(vi) and 36.105(d)(1)(vi)—‘‘Substantially Limits’’ Shall Be Interpreted To Require a Lesser Degree of Functional Limitation Than That Required Prior to the ADA Amendments Act
Sections 35.108(d)(1)(vi) and 36.105(d)(1)(vi)—‘‘Substantially Limits’’ Shall Be Interpreted To Require a Lesser Degree of Functional Limitation Than That Required Prior to the ADA Amendments...
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Sections §§ 35.108(d)(1)(vii) and 36.105(d)(1)(vii)—Comparison of Individual’s Performance of Major Life Activity Usually Will Not Require Scientific, Medical, or Statistical Analysis
limiting....
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Sections 35.108(d)(1)(viii) and 36.105(d)(1)(viii)—Determination Made Without Regard to the Ameliorative Effects of Mitigating Measures
The determination of whether an individual’s impairment substantially limits a major life activity is unaffected by an individual’s choice to forgo mitigating measures....
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Sections 35.108(d)(2) and 36.105(d)(2)—Predictable Assessments
For example, diabetes may substantially limit major life activities including eating, sleeping, and thinking....
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Sections 35.108(d)(3) and 36.105(d)(3)—Condition, Manner, or Duration
limit major life activities....
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Condition, Manner, or Duration
’ ‘‘manner,’’ or ‘‘duration’’ should at all times take into account the principles in § 35.108(d)(1) and § 36.105(d)(1), respectively, which referred to the rules of construction for ‘‘substantially...
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Condition, Manner, or Duration Examples, Including Negative Effects of Mitigating Measures
substantial limitation....