QUESTION: Is obesity considered a disability under the ACAA and, if so, is an obese passenger entitled to two seats for the price of one if he or she needs more than one seat?...
Search Results "Disability"
2010 ADA Definition
Disability: Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.
(1) The phrase physical or mental impairment means – (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; (ii) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; (iii) The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious 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, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism; (iv) The phrase physical or mental impairment does not include homosexuality or bisexuality.
(2) The phrase major life activities means functions such as caring for one´s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(3) The phrase 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) The phrase is regarded as having an impairment means – (i) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a private entity 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 a private entity as having such an impairment.
(5) The term disability does not include – (i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (ii) Compulsive gambling, kleptomania, or pyromania; or (iii) Psychoactive substance use disorders resulting from current illegal use of drugs.
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Is obesity considered a disability under the ACAA?
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Master Strategy and the Retooling of the ADA
The disability community was also courting the support of Kennedy....
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Q12: Should school districts conduct FAPE evaluations as described in the Section 504 regulation for students who, prior to the Amendments Act, had health problems but might not have been considered persons with a disability?
A: The answer depends upon whether, because of the health problem, that student has a disability and, because of that disability, needs, or is believed to need, special education or related...
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Section 1630.13(b) Examination or Inquiry of Employees
Section 1630.13(b) Examination or Inquiry of Employees The purpose of this provision is to prevent the administration to employees of medical tests or inquiries that do not...
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§1630.13(b) Examination or inquiry of employees
Except as permitted by §1630.14, it is unlawful for a covered entity to require a medical examination of an employee or to make inquiries as to whether an employee is an individual with a disability...
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Epilogue
with disabilities....
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SEC. 3. DEFINITIONS. 42 USC 12102
SEC. 3. DEFINITIONS. 42 USC 12102 As used in this Act:
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12102(2) Disability
(2) Disability. --The term disability means, with respect to an individual--...
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1630.2(g) Disability
(g) Disability means, with respect to an individual --...
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1630.2(g)(1)
(1) 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(k) Has a record of such impairment
(k) Has a record of such 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...
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1630.3 Exceptions to the definitions of Disability and Qualified Individual with a Disability
1630.3 Exceptions to the definitions of Disability and Qualified Individual with a Disability....
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1630.3(a)
(a) The terms disability and qualified individual with a disability do not include individuals currently engaging in the illegal use of drugs, when the covered entity acts on the basis of...
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1630.3(b)
(b) However, the terms disability and qualified individual with a disability may not exclude an individual who:...
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1630.3(d)
(d) Disability does not include:...
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1630.4 Discrimination prohibited
It is unlawful for a covered entity to discriminate on the basis of disability against a qualified individual with a disability in regard to:...
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1630.9 Not making reasonable accommodation
1630.9 Not making reasonable accommodation.
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1630.13(b)
permitted by section 1630.14, it is unlawful for a covered entity to require a medical examination of an employee or to make inquiries as to whether an employee is an individual with a disability...
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1630.15(f)
(f) Additional defenses. It may be a defense to a charge of discrimination under this part that the alleged discriminatory action is specifically permitted by sections 1630.14 or...
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Q15: Does the Amendments Act require the Department to revise or create new Section 504 regulations to implement the Amendments Act?
the Section 504 statute or current regulation contradicts the Amendments Act.16 As noted in Q2 above, the Amendments Act includes a conforming amendment to ensure that the definitions of disability...
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The Future for Americans with Disabilities
The Future for Americans with Disabilities ADA represents a significant accomplishment in the evolution of society’s views and treatment of people with disabilities. . . ....
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Looking to the Twenty-First Century
It is only natural that we are now in the forefront of efforts to ensure equal opportunity for persons with disabilities, as exemplified in the Americans with Disabilities Act....
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Section 1630.15(f) Claims Based on Transitory and Minor Impairments Under the “Regarded As” Prong
Minor Impairments Under the “Regarded As” Prong It may be a defense to a charge of discrimination where coverage would be shown solely under the “regarded as” prong of the definition of disability...
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§1630.15(f) Claims based on transitory and minor impairments under the “regarded as” prong
It may be a defense to a charge of discrimination by an individual claiming coverage under the “regarded as” prong of the definition of disability that the impairment is (in the case of...