For the purposes of this chapter:
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(9) Disability
The term “disability” means--
(A) except as otherwise provided in subparagraph (B), a physical or mental impairment that constitutes or results in a substantial impediment to employment; or
(B) for purposes of sections 701, 711, and 712 of this title and subchapters II, IV, V, and VII of this chapter [29 U.S.C.A. §§ 760 et seq., 780 et seq., 790 et seq., and 796 et seq.], the meaning given it in section 12102 of Title 42.
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(20) Individual with a disability
(A) In general
Except as otherwise provided in subparagraph (B), the term “individual with a disability” means any individual who--
(i) has a physical or mental impairment which for such individual constitutes or results in a substantial impediment to employment; and
(ii) can benefit in terms of an employment outcome from vocational rehabilitation services provided pursuant to subchapter I, III, or VI of this chapter [29 U.S.C.A. § 720 et seq., 771 et seq., or 795 et seq.].
(B) Certain programs; limitations on major life activities
Subject to subparagraphs (C), (D), (E), and (F), the term “individual with a disability” means, for purposes of sections 701, 711, and 712 of this title and subchapters II, IV, V, and VII of this chapter [29 U.S.C.A. §§ 760 et seq., 780 et seq., 790 et seq., and 796 et seq.], any person who has a disability as defined in section 12102 of Title 42.
(C) Rights and advocacy provisions
(i) In general; exclusion of individuals engaging in drug use
For purposes of subchapter V of this chapter [29 U.S.C.A. § 790 et seq.], the term “individual with a disability” does not include an individual who is currently engaging in the illegal use of drugs, when a covered entity acts on the basis of such use.
(ii) Exception for individuals no longer engaging in drug use
Nothing in clause (i) shall be construed to exclude as an individual with a disability an individual who--
(I) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use;
(II) is participating in a supervised rehabilitation program and is no longer engaging in such use; or
(III) is erroneously regarded as engaging in such use, but is not engaging in such use;
except that it shall not be a violation of this chapter [29 U.S.C.A. § 701 et seq.] for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in subclause (I) or (II) is no longer engaging in the illegal use of drugs.
(iii) Exclusion for certain services
Notwithstanding clause (i), for purposes of programs and activities providing health services and services provided under subchapters I, II, and III of this chapter [29 U.S.C.A. §§ 720 et seq., 760 et seq., and 771 et seq.], an individual shall not be excluded from the benefits of such programs or activities on the basis of his or her current illegal use of drugs if he or she is otherwise entitled to such services.
(iv) Disciplinary action
For purposes of programs and activities providing educational services, local educational agencies may take disciplinary action pertaining to the use or possession of illegal drugs or alcohol against any student who is an individual with a disability and who currently is engaging in the illegal use of drugs or in the use of alcohol to the same extent that such disciplinary action is taken against students who are not individuals with disabilities. Furthermore, the due process procedures at section 104.36 of title 34, Code of Federal Regulations (or any corresponding similar regulation or ruling) shall not apply to such disciplinary actions.
(v) Employment; exclusion of alcoholics
For purposes of sections 793 and 794 of this title as such sections relate to employment, the term “individual with a disability” does not include any individual who is an alcoholic whose current use of alcohol prevents such individual from performing the duties of the job in question or whose employment, by reason of such current alcohol abuse, would constitute a direct threat to property or the safety of others.
(D) Employment; exclusion of individuals with certain diseases or infections
For the purposes of sections 793 and 794 of this title, as such sections relate to employment, such term does not include an individual who has a currently contagious disease or infection and who, by reason of such disease or infection, would constitute a direct threat to the health or safety of other individuals or who, by reason of the currently contagious disease or infection, is unable to perform the duties of the job.
(E) Rights provisions; exclusion of individuals on basis of homosexuality or bisexuality
For the purposes of sections 791, 793, and 794 of this title--
(i) for purposes of the application of subparagraph (B) to such sections, the term “impairment” does not include homosexuality or bisexuality; and
(ii) therefore the term “individual with a disability” does not include an individual on the basis of homosexuality or bisexuality.
(F) Rights provisions; exclusion of individuals on basis of certain disorders
For the purposes of sections 791, 793, and 794 of this title, the term “individual with a disability” does not include an individual on the basis of--
(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.
(G) Individuals with disabilities
The term “individuals with disabilities” means more than one individual with a disability.
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CREDIT(S)
(Pub.L. 93-112, § 7, formerly § 6, as added Pub.L. 105-220, Title IV, § 403, Aug. 7, 1998, 112 Stat. 1097; amended Pub.L. 105-244, Title I, § 102(a)(9)(A), Oct. 7, 1998, 112 Stat. 1620; renumbered § 7 and amended Pub.L. 105-277, Div. A, § 101(f) [Title VIII, § 402(a)(1), (b)(3), (c)(1)], Oct. 21, 1998, 112 Stat. 2681-412, 2681-413, 2681-415; Pub.L. 105-394, Title IV, § 402(a), Nov. 13, 1998, 112 Stat. 3661; Pub.L. 110-325, § 7, Sept. 25, 2008, 122 Stat. 3558; Pub.L. 111-256, § 2(d)(1), Oct. 5, 2010, 124 Stat. 2643; Pub.L. 113-128, Title IV, § 404, July 22, 2014, 128 Stat. 1632.)