§12211 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Says that homosexuality and bisexuality are not medical impairments and so are not counted as disabilities under the law. Also says these are not disabilities: sexual and gender conditions (like transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not caused by physical problems, and similar sexual behavior disorders); impulse-control problems (compulsive gambling, kleptomania, pyromania); and psychoactive substance use disorders that come from current illegal drug use.

Title 42, §12211

The Public Health and Welfare — Source: USLM XML via OLRC

(a)For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.

(b)Under this chapter, the term “disability” shall not include—

(1)transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;

(2)compulsive gambling, kleptomania, or pyromania; or

(3)psychoactive substance use disorders resulting from current illegal use of drugs.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 12101 of this title and Tables. section 12102 of this title, referred to in subsec. (a), was amended generally by Pub. L. 110–325, § 4(a), Sept. 25, 2008, 122 Stat. 3555, and, as so amended, provisions formerly appearing in par. (2) are now contained in par. (1).

Prior Provisions

A prior section 512 of Pub. L. 101–336, which amended former section 706 of Title 29, Labor, was renumbered section 513.

§12211 Definitions