Title 42The Public Health and WelfareRelease 119-73not60

§12102 Definition of Disability

Title 42 › Chapter 126— EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES › § 12102

Last updated Apr 5, 2026|Official source

Summary

Defines who counts as having a disability for this law. A person has a disability if they have a physical or mental problem that seriously limits one or more major life activities, if they have a record of such a problem, or if others treat them as if they have such a problem. Major life activities include things like caring for yourself, seeing, hearing, walking, sleeping, eating, learning, thinking, communicating, and working. The term also covers major body functions, for example the immune system, normal cell growth, digestive, bowel, bladder, brain and neurological, respiratory, circulatory, endocrine, and reproductive functions. Being "regarded as" disabled means you were subjected to a forbidden action because of an actual or perceived impairment, even if it does not limit a major life activity. Short-term and minor problems do not count if they last 6 months or less. The definition must be read broadly and the phrase "substantially limits" follows the ADA Amendments Act of 2008. A problem that affects one major activity is enough. Conditions that come and go, or are in remission, count if they would limit activities when active. When deciding if an impairment substantially limits an activity, ignore the helpful effects of treatments or aids (like medicines, devices, reasonable accommodations, or learned adaptations), except ordinary eyeglasses or contact lenses are considered; ordinary eyeglasses or contacts fully correct vision, while low-vision devices magnify or enhance sight.

Full Legal Text

Title 42, §12102

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

As used in this chapter:
(1)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)(A)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)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)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)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.

Legislative History

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. The ADA

Amendments

Act of 2008, referred to in par. (4)(B), is Pub. L. 110–325, Sept. 25, 2008, 122 Stat. 3553. section 2 of the Act, relating to the findings and purposes of the Act, is set out as a note under section 12101 of this title. For complete classification of this Act to the Code, see

Short Title

of 2008 Amendment note under section 12101 of this title and Tables.

Amendments

2008—Pub. L. 110–325 amended section generally. Prior to amendment, section consisted of pars. (1) to (3) defining for purposes of this chapter “auxiliary aids and services”, “disability”, and “State”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment by Pub. L. 110–325 effective Jan. 1, 2009, see section 8 of Pub. L. 110–325, set out as a note under section 705 of Title 29, Labor.

Reference

Citations & Metadata

Citation

42 U.S.C. § 12102

Title 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60