§ 42-87-1 - Definitions of disability.
SECTION 42-87-1
§ 42-87-1 Definitions of disability.– As used in this chapter:
(1) "Disability" means, with respect to an individual:
(i) A physical or mental impairment that substantially limitsone or more of the major life activities of such individual;
(ii) A record of such impairment; or
(iii) Being regarded as having such an impairment (asdescribed in paragraph (4));
(iv) Includes any disability which is provided protectionunder the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. andfederal regulations pertaining to the act 28 CFR 35 and 29 CFR 1630; and
(v) Nothing in this chapter alters the standards fordetermining eligibility for benefits under workers' compensation laws or understate disability benefit programs.
(2) [Deleted by P.L. 2009, ch. 96, § 7 and P.L.2009, ch. 97, § 7].
(3) [Deleted by P.L. 2009, ch. 96, § 7 and P.L.2009, ch. 97, § 7].
(4) "Regarded as having such an impairment" for purposes ofparagraph (1)(iii) means:
(i) An individual meets the requirement of "being regarded ashaving such an impairment" if the individual establishes that he or she hasbeen subjected to an action prohibited under this chapter because of an actualor perceived physical or mental impairment, whether or not the impairmentlimits or is perceived to limit a major life activity.
(ii) Paragraph (1)(iii) shall not apply to impairments thatare transitory and minor. A transitory impairment is an impairment with anactual or expected duration of six (6) months or less.
(iii) [Deleted by P.L. 2009, ch. 96, § 7 and P.L.2009, ch. 97, § 7].
(5) "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. A major life activity alsoincludes the operation of a major bodily function, including, but not limitedto, functions of the immune system, normal cell growth, digestive, bowel,bladder, neurological, brain, respiratory, circulatory, endocrine, andreproductive functions.
(6) "Qualified individual" means:
(i) With respect to employment, a person who, with or withoutreasonable accommodations, can perform the essential functions of theemployment position that such individual holds or desires. For the purposes ofthis chapter, due consideration shall be given to the employer's judgment as towhat functions of a job are essential, and if an employer has prepared awritten description before advertising or interviewing applicants for the job,this description shall be considered evidence of the essential functions of thejob;
(ii) With respect to the rental of property, a person with adisability who, personally or with assistance arranged by the person with adisability, is capable of performing all of the responsibilities of a tenant ascontained in § 34-18-24;
(iii) With respect to any other program or activity, a personwith a disability who, with or without reasonable modifications to rules,policies, or practices, the removal of architectural, communication, ortransportation barriers, or the provision of auxiliary aids and services, meetsthe essential eligibility requirements for the receipt of services or benefits,or the participation in the program or activity;
(iv) The fact that an individual has applied for, received orcontinues to receive private insurance or government assistance based upon hisor her disability shall not be determinative as to whether the individual isqualified as defined herein, nor shall it constitute an estoppel or otherwiseserve as a basis to deny the individual the protections of this chapter; and
(v) A qualified individual with a disability shall notinclude any employee or applicant who is currently engaging in the illegal useof drugs, when the covered entity acts on the basis of such use.
(A) In general. The term "illegal use of drugs" meansthe use of drugs, the possession or distribution of which is unlawful under thecontrolled substances act (21 U.S.C. § 812). Such term does not includethe use of a drug taken under supervision by a licensed health careprofessional, or other uses authorized by the controlled substances act orother provisions of federal law.
(B) Drugs. The term "drug" means a controlledsubstance, as defined in schedules I through V of § 202 of the controlledsubstances act.
(7) "Substantially limits" includes:
(i) An impairment that substantially limits one major lifeactivity but need not limit other major life activities in order to beconsidered a disability.
(ii) An impairment that is episodic or in remission is adisability if it would substantially limit a major life activity when active.
(iii) The determination of whether an impairmentsubstantially limits a major life activity shall be made without regard to theameliorative effects of mitigating measures such as:
(I) Medication, medical supplies, equipment, or appliance,low-vision devices (which do not include ordinary eyeglasses or contactlenses), prosthetics including limbs and devices, hearing aids and cochlearimplants or other implantable hearing devices, mobility devices, or oxygentherapy equipment and supplies;
(II) Use of assistive technology;
(III) Reasonable accommodations or auxiliary aids orservices; or
(IV) Learned behavioral or adaptive neurologicalmodifications.
(B) The ameliorative effects of the mitigating measures ofordinary eyeglasses or contact lenses shall be considered in determiningwhether an impairment substantially limits a major life activity.
(8) As used in subparagraph (7)(iii)(A)(I):
(i) The term "ordinary eyeglasses or contact lenses" meanslenses that are intended to fully correct visual acuity or eliminate refractiveerror; and
(ii) The term "low-vision devices" means devices thatmagnify, enhance, or otherwise augment a visual image.