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U.S. Code/Title 42/§ 12102

Title 42

42

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42 U.S.C. § 12102.Chapter 126

§ 12102

Definition of disability

Title 42
4 min read

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As used in this chapter:

((1)) ** Disability** The 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 general** For 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 functions** For 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 impairment** For 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 disability** The 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.

Related Legislation

(20 bills)

Bills that would modify or reference this section of law.

HR-10333

AACCENT Act

Debbie Dingell

Michigan representative

  1. house
  2. senate
  3. president
9/10/2026
HR-1520

Charlotte Woodward Organ Transplant Discrimination Prevention Act

Kat Cammack

Florida representative

  1. house
  2. senate
  3. president
2/24/2025
HR-1589

American Dream and Promise Act of 2025

Sylvia Garcia

Texas representative

  1. house
  2. senate
  3. president
2/26/2025
HR-2019

TLDR Act

Lori Trahan

Massachusetts representative

  1. house
  2. senate
  3. president
3/10/2025
HR-2491

ABC Act

Kat Cammack

Florida representative

  1. house
  2. senate
  3. president
3/31/2025
HR-2733

Pell Grant Flexibility Act

Joseph Morelle

New York representative

  1. house
  2. senate
  3. president
4/8/2025
HR-3265

Protecting our Students in Schools Act of 2025

Suzanne Bonamici

Oregon representative

  1. house
  2. senate
  3. president
5/8/2025
HR-3417

Websites and Software Applications Accessibility Act of 2025

Pete Sessions

Texas representative

  1. house
  2. senate
  3. president
5/14/2025
HR-3508

End Diaper Need Act of 2025

Rosa L. Delauro

Connecticut representative

  1. house
  2. senate
  3. president
5/20/2025
HR-3971

Domestic Workers Bill of Rights Act

Pramila Jayapal

Washington representative

  1. house
  2. senate
  3. president
6/12/2025

And 10 more bills...

§ 12101

Release: pl-119-111 (2026-09-18)

§ 12103

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