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Last Updated: Thursday, October 21, 2010
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Accommodating Employees with Disabilities


Question 1: Does the individual have an impairment?

An impairment, according to the EEOC, is:
  • Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine.
  • Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. 29 CFR 1630.2(h).
The appendix to the regulation adds this explanatory guidance:

It is important to distinguish between conditions that are impairments and physical, psychological, environmental, cultural and economic characteristics that are not impairments. The definition of the term "impairment" does not include physical characteristics such as eye color, hair color, left-handedness, or height, weight or muscle tone that are within "normal" range and are not the result of a physiological disorder. The definition, likewise, does not include characteristic predisposition to illness or disease. Other conditions, such as pregnancy, that are not the result of a physiological disorder are also not impairments. Similarly, the definition does not include common personality traits such as poor judgment or a quick temper where these are not symptoms of a mental or psychological disorder. Environmental, cultural, or economic disadvantages such as poverty, lack of education or a prison record are not impairments. Advanced age, in and of itself, is also not an impairment. However, various medical conditions commonly associated with age, such as hearing loss, osteoporosis, or arthritis would constitute impairments within the meaning of this part. 29 CFR App. 1630.2(h).

[Editor's note: To reach the appendix, scroll past section 1630.16.]
EEOC regulations state that "temporary, non-chronic impairments of short duration, with little or no long term or permanent impact, are usually not disabilities." 29 CFR App. 1630.2(j) ). However, the EEOC also has indicated that an impairment does not have to be permanent in order to be considered a disability for the purposes of Rehabilitation Act protection. Conditions that are long-term, or of an indefinite duration, can constitute disabilities if they are so severe that they substantially limit a major life activity.

 

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