When does an impairment “substantially limit” a major life activity? There is no absolute standard for determining when an impairment is a substantial limitation....
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When does an impairment “substantially limit” a major life activity?
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Temporary Impairments
This question is answered by looking at the extent, duration, and impact of the impairment....
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12102(3)(B)
(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. ...
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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
that would previously have been found to constitute disabilities are not considered disabilities under the Supreme Court’s narrower standard.’’ 154 Cong....
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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
Sections 35.108(d)(1)(iv) and 36.105(d)(1)(iv)—Impairments That Are Episodic or in Remission The ADA as amended provides that ‘‘an impairment that is episodic or in remission is a disability...
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Three: Is the limitation on any major life activity substantial?
Not only must a person have an impairment that limits one or more major life activities, but the limitation of at least one major life activity must be “substantial.”...
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§1630.2(k)(1) In general
An individual has a record of a disability if the individual has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more...
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§ 36.105(a)(1)(i)
(i) A physical or mental impairment that substantially limits one or more of the major life activities of such individual;...
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§1630.2(g)(1)(i)
(i) A physical or mental impairment that substantially limits one or more of the major life activities of such individual;...
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§ 35.108(a)(1)(i)
(i) A physical or mental impairment that substantially limits one or more of the major life activities of such individual;...
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§ 36.105(b)(1)(ii)
(ii) Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability.
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§ 35.108(b)(1)(ii)
(ii) Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability.
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Examples of Major Life Activities, Other Than the Operations of a Major Bodily Function
For example, although, as commenters pointed out, some courts have concluded that test taking is a major life activity,6 the Department notes that one or more already-included major life...
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§ 36.105(d)(2)(iii)(D) Partially or completely missing limbs or mobility impairments requiring the use of a wheelchair substantially limit musculoskeletal function
(D) Partially or completely missing limbs or mobility impairments requiring the use of a wheelchair substantially limit musculoskeletal function;...
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§ 35.108(d)(2)(iii)(D) Partially or completely missing limbs or mobility impairments requiring the use of a wheelchair substantially limit musculoskeletal function
(D) Partially or completely missing limbs or mobility impairments requiring the use of a wheelchair substantially limit musculoskeletal function;...
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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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III. "Qualified Individuals with Disabilities"
An "individual with a disability" is a person who -- Has a physical or mental impairment that substantially limits a "major life activity", or Has a record of such an impairment...
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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
Lesser Degree of Functional Limitation Than That Required Prior to the ADA Amendments Act In the NPRM, proposed §§ 35.108(d)(1)(iv) and 36.105(d)(1)(iv) state that determining whether an impairment...
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a) Enforcement
A Building Code is enforced by governmental authorities having jurisdiction (AHJs), who are empowered to interpret and/or modify its requirements. ...
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§ 36.105(d)(1)(iv)
(iv) An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active....
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12102(4)(D)
(D) An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active....
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§ 35.108(d)(1)(iv)
(iv) An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active....
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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
Sections 35.108(d)(1)(viii) and 36.105(d)(1)(viii)—Determination Made Without Regard to the Ameliorative Effects of Mitigating Measures The ADA as amended expressly prohibits any consideration...