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360 Part 1630—Regulations to Im- Plement the Equal Employ- Ment Provisions of the Americans with Disabilities

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360 Part 1630—Regulations to Im- Plement the Equal Employ- Ment Provisions of the Americans with Disabilities Pt. 1630 29 CFR Ch. XIV (7–1–11 Edition) PART 1630—REGULATIONS TO IM- (b) Applicability. This part applies to PLEMENT THE EQUAL EMPLOY- ‘‘covered entities’’ as defined at § 1630.2(b). MENT PROVISIONS OF THE (c) Construction—(1) In general. Ex- AMERICANS WITH DISABILITIES cept as otherwise provided in this part, ACT this part does not apply a lesser stand- ard than the standards applied under Sec. title V of the Rehabilitation Act of 1973 1630.1 Purpose, applicability, and construc- (29 U.S.C. 790–794a, as amended), or the tion. regulations issued by Federal agencies 1630.2 Definitions. pursuant to that title. 1630.3 Exceptions to the definitions of ‘‘Dis- (2) Relationship to other laws. This ability’’ and ‘‘Qualified Individual with a Disability.’’ part does not invalidate or limit the 1630.4 Discrimination prohibited. remedies, rights, and procedures of any 1630.5 Limiting, segregating, and Federal law or law of any State or po- classifying. litical subdivision of any State or ju- 1630.6 Contractual or other arrangements. risdiction that provides greater or 1630.7 Standards, criteria, or methods of ad- equal protection for the rights of indi- ministration. viduals with disabilities than is af- 1630.8 Relationship or association with an forded by this part. individual with a disability. (3) State workers’ compensation laws 1630.9 Not making reasonable accommoda- and disability benefit programs. Nothing tion. in this part alters the standards for de- 1630.10 Qualification standards, tests, and termining eligibility for benefits under other selection criteria. State workers’ compensation laws or 1630.11 Administration of tests. 1630.12 Retaliation and coercion. under State and Federal disability ben- 1630.13 Prohibited medical examinations efit programs. and inquiries. (4) Broad coverage. The primary pur- 1630.14 Medical examinations and inquiries pose of the ADAAA is to make it easier specifically permitted. for people with disabilities to obtain 1630.15 Defenses. protection under the ADA. Consistent 1630.16 Specific activities permitted. with the Amendments Act’s purpose of APPENDIX TO PART 1630—INTERPRETIVE GUID- reinstating a broad scope of protection ANCE ON TITLE I OF THE AMERICANS WITH under the ADA, the definition of ‘‘dis- DISABILITIES ACT ability’’ in this part shall be construed AUTHORITY: 42 U.S.C. 12116 and 12205a of the broadly in favor of expansive coverage Americans with Disabilities Act, as amend- to the maximum extent permitted by ed. the terms of the ADA. The primary ob- ject of attention in cases brought SOURCE: 56 FR 35734, July 26, 1991, unless otherwise noted. under the ADA should be whether cov- ered entities have complied with their § 1630.1 Purpose, applicability, and obligations and whether discrimination construction. has occurred, not whether the indi- vidual meets the definition of dis- (a) Purpose. The purpose of this part ability. The question of whether an in- is to implement title I of the Ameri- dividual meets the definition of dis- cans with Disabilities Act (ADA), as ability under this part should not de- amended by the ADA Amendments Act mand extensive analysis. of 2008 (ADAAA or Amendments Act), 42 U.S.C. 12101, et seq., requiring equal [76 FR 16999, Mar. 25, 2011] employment opportunities for individ- uals with disabilities. The ADA as § 1630.2 Definitions. amended, and these regulations, are in- (a) Commission means the Equal Em- tended to provide a clear and com- ployment Opportunity Commission es- prehensive national mandate for the tablished by section 705 of the Civil elimination of discrimination against Rights Act of 1964 (42 U.S.C. 2000e–4). individuals with disabilities, and to (b) Covered Entity means an em- provide clear, strong, consistent, en- ployer, employment agency, labor or- forceable standards addressing dis- ganization, or joint labor management crimination. committee. 360 VerDate Mar<15>2010 17:38 Aug 10, 2011 Jkt 223112 PO 00000 Frm 00370 Fmt 8010 Sfmt 8010 Q:\29\29V4 ofr150 PsN: PC150 Equal Employment Opportunity Comm. § 1630.2 (c) Person, labor organization, employ- three prongs of the definition of dis- ment agency, commerce and industry af- ability, i.e., paragraphs (g)(1)(i) (the fecting commerce shall have the same ‘‘actual disability’’ prong), (g)(1)(ii) (the meaning given those terms in section ‘‘record of’’ prong), and/or (g)(1)(iii) (the 701 of the Civil Rights Act of 1964 (42 ‘‘regarded as’’ prong) of this section. U.S.C. 2000e). (3) Where an individual is not chal- (d) State means each of the several lenging a covered entity’s failure to States, the District of Columbia, the make reasonable accommodations and Commonwealth of Puerto Rico, Guam, does not require a reasonable accom- American Samoa, the Virgin Islands, modation, it is generally unnecessary the Trust Territory of the Pacific Is- to proceed under the ‘‘actual disability’’ lands, and the Commonwealth of the or ‘‘record of’’ prongs, which require a Northern Mariana Islands. showing of an impairment that sub- (e) Employer—(1) In general. The term stantially limits a major life activity employer means a person engaged in an or a record of such an impairment. In industry affecting commerce who has these cases, the evaluation of coverage 15 or more employees for each working can be made solely under the ‘‘regarded day in each of 20 or more calendar as’’ prong of the definition of disability, weeks in the current or preceding cal- which does not require a showing of an endar year, and any agent of such per- impairment that substantially limits a son, except that, from July 26, 1992 major life activity or a record of such through July 25, 1994, an employer an impairment. An individual may means a person engaged in an industry choose, however, to proceed under the affecting commerce who has 25 or more ‘‘actual disability’’ and/or ‘‘record of’’ employees for each working day in prong regardless of whether the indi- each of 20 or more calendar weeks in vidual is challenging a covered entity’s the current or preceding year and any failure to make reasonable accom- agent of such person. modations or requires a reasonable ac- (2) Exceptions. The term employer commodation. does not include— NOTE TO PARAGRAPH (G): See § 1630.3 for ex- (i) The United States, a corporation ceptions to this definition. wholly owned by the government of the (h) Physical or mental impairment United States, or an Indian tribe; or means— (ii) A bona fide private membership club (other than a labor organization) (1) Any physiological disorder or con- that is exempt from taxation under dition, cosmetic disfigurement, or ana- section 501(c) of the Internal Revenue tomical loss affecting one or more body Code of 1986. systems, such as neurological, mus- (f) Employee means an individual em- culoskeletal, special sense organs, res- ployed by an employer. piratory (including speech organs), car- (g) Definition of ‘‘disability.’’ diovascular, reproductive, digestive, (1) In general. Disability means, with genitourinary, immune, circulatory, respect to an individual— hemic, lymphatic, skin, and endocrine; (i) A physical or mental impairment or that substantially limits one or more (2) Any mental or psychological dis- of the major life activities of such indi- order, such as an intellectual disability vidual; (formerly termed ‘‘mental retarda- (ii) A record of such an impairment; tion’’), organic brain syndrome, emo- or tional or mental illness, and specific (iii) Being regarded as having such an learning disabilities. impairment as described in paragraph (i) Major life activities—(1) In general. (l) of this section. This means that the Major life activities include, but are individual has been subjected to an ac- not limited to: tion prohibited by the ADA as amended (i) Caring for oneself, performing because of an actual or perceived im- manual tasks, seeing, hearing, eating, pairment that is not both ‘‘transitory sleeping, walking, standing, sitting, and minor.’’ reaching, lifting, bending, speaking, (2) An individual may establish cov- breathing, learning, reading, concen- erage under any one or more of these trating, thinking, communicating, 361 VerDate Mar<15>2010 17:38 Aug 10, 2011 Jkt 223112 PO 00000 Frm 00371 Fmt 8010 Sfmt 8010 Q:\29\29V4 ofr150 PsN: PC150 § 1630.2 29 CFR Ch. XIV (7–1–11 Edition) interacting with others, and working; (iv) The determination of whether an and impairment substantially limits a (ii) The operation of a major bodily major life activity requires an individ- function, including functions of the im- ualized assessment. However, in mak- mune system, special sense organs and ing this assessment, the term ‘‘sub- skin; normal cell growth; and diges- stantially limits’’ shall be interpreted tive, genitourinary, bowel, bladder, and applied to require a degree of func- neurological, brain, respiratory, cir- tional limitation that is lower than the culatory, cardiovascular, endocrine, standard for ‘‘substantially limits’’ ap- hemic, lymphatic, musculoskeletal, plied prior to the ADAAA. and reproductive functions. The oper- (v) The comparison of an individual’s ation of a major bodily function in- performance of a major life activity to cludes the operation of an individual the performance of the same major life organ within a body system. activity by most people in the general (2) In determining other examples of population usually will not require sci- major life activities, the term ‘‘major’’ entific, medical, or statistical analysis. shall not be interpreted strictly to cre- Nothing in this paragraph is intended, ate a demanding standard for dis- however, to prohibit the presentation ability. ADAAA section 2(b)(4) (Find- of scientific, medical, or statistical evi- ings and Purposes). Whether an activ- dence to make such a comparison ity is a ‘‘major life activity’’ is not de- where appropriate. termined by reference to whether it is (vi) The determination of whether an of ‘‘central importance to daily life.’’ impairment substantially limits a (j) Substantially limits— major life activity shall be made with- (1) Rules of construction.
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