12 2 STA T .35 55 PUBLIC LA W 11 0– 325 — S E PT. 25 , 200 8yetman y p e o p l e wi t h phy s i c alo r mental d isa b ilities ha v e been precl u ded f rom doin g so because of discrimination
others who have a record of a disability or are regarded as having a disability also have been sub j ected to discrimination; ’ ’; (2) by stri k ing paragraph ( 7 ); and ( 3 ) by redesignating paragraphs ( 8 )and( 9 ) as paragraphs (7) and (8) , respectively .SEC.4 . DI S AB I L I TY DE F I N ED AND RU LES O F CONSTRUCTION. (a) DEFIN I T I O NOFDI SAB I L IT Y . —S ection 3 of the A mericans with Disabilities Act of 1 99 0 ( 4 2 U .S. C . 12102) is amended to read as follows
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‘SEC. 3 . DEFINITION OF DISABILITY. ‘ ‘As used in this Act: ‘‘(1) DISABILITY.— T he 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) M A J O R LIFE A C TI V ITIES.— ‘‘(A) I N G ENERAL.— F or 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) MAJOR BO D ILY F U NCTIONS.—For purposes of para - graph (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, diges- tive, bowel, bladder, neurological, brain, respiratory, cir- culatory, endocrine, and reproductive functions. ‘‘(3) R EGARDED AS H AVING SUCH AN I MP AIRMENT.—For pur- poses of paragraph (1)(C): ‘‘(A) An individual meets the re q uirement 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 Act because of an actual or perceived physical or mental impairment whether or not the impair- ment limits or is perceived to limit a major life activity. ‘‘(B) P aragraph (1)(C) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or e x pected duration of 6 months or less. ‘‘(4) RULES OF CONSTRUCTION REGARDING THE DEFINITION OF DISABILITY.—The definition of ‘disability’ in paragraph (1) shall be construed in accordance with the following: ‘‘(A) The definition of disability in this Act shall be construed in favor of broad coverage of individuals under this Act, to the maximum extent permitted by the terms of this Act. ‘‘(B) The term ‘substantially limits’ shall be interpreted consistently with the findings and purposes of the ADA Amendments Act of 2008.
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