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[Code of Federal Regulations]
[Title 29, Volume 4, Parts 900 to 1899]
[Revised as of July 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1630.2]

[Page 341-344]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1630--REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT--Table of Contents
 
Sec. 1630.2  Definitions.

    (a) Commission means the Equal Employment Opportunity Commission 
established by section 705 of the Civil Rights Act of 1964 (42 U.S.C. 
2000e-4).
    (b) Covered Entity means an employer, employment agency, labor 
organization, or joint labor management committee.
    (c) Person, labor organization, employment agency, commerce and 
industry affecting commerce shall have the same meaning given those 
terms in section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e).
    (d) State means each of the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the 
Virgin Islands, the Trust Territory of the Pacific Islands, and the 
Commonwealth of the Northern Mariana Islands.
    (e) Employer--(1) In general. The term employer means a person 
engaged in an industry affecting commerce who has 15 or more employees 
for each working day in each of 20 or more calendar weeks in the current 
or preceding calendar year, and any agent of such person, except that, 
from July 26, 1992 through July 25, 1994, an employer means a person 
engaged in an industry affecting commerce who has 25 or more employees 
for each working day in each of 20 or more calendar weeks in the current 
or preceding year and any agent of such person.
    (2) Exceptions. The term employer does not include--
    (i) The United States, a corporation wholly owned by the government 
of the United States, or an Indian tribe; or
    (ii) A bona fide private membership club (other than a labor 
organization) that is exempt from taxation under section 501(c) of the 
Internal Revenue Code of 1986.
    (f) Employee means an individual employed by an employer.
    (g) Disability means, with respect to an individual--
    (1) A physical or mental impairment that substantially limits one or 
more of the major life activities of such individual;
    (2) A record of such an impairment; or
    (3) Being regarded as having such an impairment.

(See Sec. 1630.3 for exceptions to this definition).
    (h) Physical or mental impairment means:

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    (1) 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; or
    (2) Any mental or psychological disorder, such as mental 
retardation, organic brain syndrome, emotional or mental illness, and 
specific learning disabilities.
    (i) Major Life Activities means functions such as caring for 
oneself, performing manual tasks, walking, seeing, hearing, speaking, 
breathing, learning, and working.
    (j) Substantially limits--(1) The term substantially limits means:
    (i) Unable to perform a major life activity that the average person 
in the general population can perform; or
    (ii) Significantly restricted as to the condition, manner or 
duration under which an individual can perform a particular major life 
activity as compared to the condition, manner, or duration under which 
the average person in the general population can perform that same major 
life activity.
    (2) The following factors should be considered in determining 
whether an individual is substantially limited in a major life activity:
    (i) The nature and severity of the impairment;
    (ii) The duration or expected duration of the impairment; and
    (iii) The permanent or long term impact, or the expected permanent 
or long term impact of or resulting from the impairment.
    (3) With respect to the major life activity of working--
    (i) The term substantially limits means significantly restricted in 
the ability to perform either a class of jobs or a broad range of jobs 
in various classes as compared to the average person having comparable 
training, skills and abilities. The inability to perform a single, 
particular job does not constitute a substantial limitation in the major 
life activity of working.
    (ii) In addition to the factors listed in paragraph (j)(2) of this 
section, the following factors may be considered in determining whether 
an individual is substantially limited in the major life activity of 
``working'':
    (A) The geographical area to which the individual has reasonable 
access;
    (B) The job from which the individual has been disqualified because 
of an impairment, and the number and types of jobs utilizing similar 
training, knowledge, skills or abilities, within that geographical area, 
from which the individual is also disqualified because of the impairment 
(class of jobs); and/or
    (C) The job from which the individual has been disqualified because 
of an impairment, and the number and types of other jobs not utilizing 
similar training, knowledge, skills or abilities, within that 
geographical area, from which the individual is also disqualified 
because of the impairment (broad range of jobs in various classes).
    (k) Has a record of such impairment means has a history of, or has 
been misclassified as having, a mental or physical impairment that 
substantially limits one or more major life activities.
    (l) Is regarded as having such an impairment means:
    (1) Has a physical or mental impairment that does not substantially 
limit major life activities but is treated by a covered entity as 
constituting such limitation;
    (2) Has a physical or mental impairment that substantially limits 
major life activities only as a result of the attitudes of others toward 
such impairment; or
    (3) Has none of the impairments defined in paragraph (h) (1) or (2) 
of this section but is treated by a covered entity as having a 
substantially limiting impairment.
    (m) Qualified individual with a disability means an individual with 
a disability who satisfies the requisite skill, experience, education 
and other job-related requirements of the employment position such 
individual holds or desires, and who, with or without reasonable 
accommodation, can perform the essential functions of such position. 
(See Sec. 1630.3 for exceptions to this definition).
    (n) Essential functions--(1) In general. The term essential 
functions means the

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fundamental job duties of the employment position the individual with a 
disability holds or desires. The term ``essential functions'' does not 
include the marginal functions of the position.
    (2) A job function may be considered essential for any of several 
reasons, including but not limited to the following:
    (i) The function may be essential because the reason the position 
exists is to perform that function;
    (ii) The function may be essential because of the limited number of 
employees available among whom the performance of that job function can 
be distributed; and/or
    (iii) The function may be highly specialized so that the incumbent 
in the position is hired for his or her expertise or ability to perform 
the particular function.
    (3) Evidence of whether a particular function is essential includes, 
but is not limited to:
    (i) The employer's judgment as to which functions are essential;
    (ii) Written job descriptions prepared before advertising or 
interviewing applicants for the job;
    (iii) The amount of time spent on the job performing the function;
    (iv) The consequences of not requiring the incumbent to perform the 
function;
    (v) The terms of a collective bargaining agreement;
    (vi) The work experience of past incumbents in the job; and/or
    (vii) The current work experience of incumbents in similar jobs.
    (o) Reasonable accommodation. (1) The term reasonable accommodation 
means:
    (i) Modifications or adjustments to a job application process that 
enable a qualified applicant with a disability to be considered for the 
position such qualified applicant desires; or
    (ii) Modifications or adjustments to the work environment, or to the 
manner or circumstances under which the position held or desired is 
customarily performed, that enable a qualified individual with a 
disability to perform the essential functions of that position; or
    (iii) Modifications or adjustments that enable a covered entity's 
employee with a disability to enjoy equal benefits and privileges of 
employment as are enjoyed by its other similarly situated employees 
without disabilities.
    (2) Reasonable accommodation may include but is not limited to:
    (i) Making existing facilities used by employees readily accessible 
to and usable by individuals with disabilities; and
    (ii) Job restructuring; part-time or modified work schedules; 
reassignment to a vacant position; acquisition or modifications of 
equipment or devices; appropriate adjustment or modifications of 
examinations, training materials, or policies; the provision of 
qualified readers or interpreters; and other similar accommodations for 
individuals with disabilities.
    (3) To determine the appropriate reasonable accommodation it may be 
necessary for the covered entity to initiate an informal, interactive 
process with the qualified individual with a disability in need of the 
accommodation. This process should identify the precise limitations 
resulting from the disability and potential reasonable accommodations 
that could overcome those limitations.
    (p) Undue hardship--(1) In general. Undue hardship means, with 
respect to the provision of an accommodation, significant difficulty or 
expense incurred by a covered entity, when considered in light of the 
factors set forth in paragraph (p)(2) of this section.
    (2) Factors to be considered. In determining whether an 
accommodation would impose an undue hardship on a covered entity, 
factors to be considered include:
    (i) The nature and net cost of the accommodation needed under this 
part, taking into consideration the availability of tax credits and 
deductions, and/or outside funding;
    (ii) The overall financial resources of the facility or facilities 
involved in the provision of the reasonable accommodation, the number of 
persons employed at such facility, and the effect on expenses and 
resources;
    (iii) The overall financial resources of the covered entity, the 
overall size of the business of the covered entity with respect to the 
number of its employees, and the number, type and location of its 
facilities;

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    (iv) The type of operation or operations of the covered entity, 
including the composition, structure and functions of the workforce of 
such entity, and the geographic separateness and administrative or 
fiscal relationship of the facility or facilities in question to the 
covered entity; and
    (v) The impact of the accommodation upon the operation of the 
facility, including the impact on the ability of other employees to 
perform their duties and the impact on the facility's ability to conduct 
business.
    (q) Qualification standards means the personal and professional 
attributes including the skill, experience, education, physical, 
medical, safety and other requirements established by a covered entity 
as requirements which an individual must meet in order to be eligible 
for the position held or desired.
    (r) Direct Threat means a significant risk of substantial harm to 
the health or safety of the individual or others that cannot be 
eliminated or reduced by reasonable accommodation. The determination 
that an individual poses a ``direct threat'' shall be based on an 
individualized assessment of the individual's present ability to safely 
perform the essential functions of the job. This assessment shall be 
based on a reasonable medical judgment that relies on the most current 
medical knowledge and/or on the best available objective evidence. In 
determining whether an individual would pose a direct threat, the 
factors to be considered include:
    (1) The duration of the risk;
    (2) The nature and severity of the potential harm;
    (3) The likelihood that the potential harm will occur; and
    (4) The imminence of the potential harm.