Section 4553-A - Physical or mental disability1.Physical or mental disability, defined. "Physical or mental disability" means: A. A physical or mental impairment that: (1) Substantially limits one or more of a person's major life activities;(2) Significantly impairs physical or mental health; or(3) Requires special education, vocational rehabilitation or related services; [2007, c. 385, §3(NEW).]B. Without regard to severity unless otherwise indicated: absent, artificial or replacement limbs, hands, feet or vital organs; alcoholism; amyotrophic lateral sclerosis; bipolar disorder; blindness or abnormal vision loss; cancer; cerebral palsy; chronic obstructive pulmonary disease; Crohn's disease; cystic fibrosis; deafness or abnormal hearing loss; diabetes; substantial disfigurement; epilepsy; heart disease; HIV or AIDS; kidney or renal diseases; lupus; major depressive disorder; mastectomy; intellectual disability; multiple sclerosis; muscular dystrophy; paralysis; Parkinson's disease; pervasive developmental disorders; rheumatoid arthritis; schizophrenia; and acquired brain injury; [2011, c. 542, Pt. A, §3(AMD).]C. With respect to an individual, having a record of any of the conditions in paragraph A or B; or [2007, c. 385, §3(NEW).]D. With respect to an individual, being regarded as having or likely to develop any of the conditions in paragraph A or B. [2007, c. 385, §3(NEW).] [2011, c. 542, Pt. A, §3(AMD).]
2.Additional terms. For purposes of this section:A. The existence of a physical or mental disability is determined without regard to the ameliorative effects of mitigating measures such as medication, auxiliary aids or prosthetic devices; and [2007, c. 385, §3(NEW).]B. "Significantly impairs physical or mental health" means having an actual or expected duration of more than 6 months and impairing health to a significant extent as compared to what is ordinarily experienced in the general population. [2007, c. 385, §3(NEW).] [2007, c. 385, §3(NEW).]
3.Exceptions. "Physical or mental disability" does not include:A. Pedophilia, exhibitionism, voyeurism, sexual behavior disorders, compulsive gambling, kleptomania, pyromania or tobacco smoking; [2007, c. 385, §3(NEW).]B. Any condition covered under section 4553, subsection 9-C; or [2007, c. 385, §3(NEW).]C. Psychoactive substance use disorders resulting from current illegal use of drugs, although this may not be construed to exclude an individual who: (1) 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;(2) Is participating in a supervised rehabilitation program and is no longer engaging in such use;(3) Is erroneously regarded as engaging in such use, but is not engaging in such use; or(4) In the context of a reasonable accommodation in employment, is seeking treatment or has successfully completed treatment. [2007, c. 385, §3(NEW).] [2007, c. 385, §3(NEW).]
Amended by 2012, c. 542,§ A-3, eff. 3/20/2012.2007, c. 385, § 3 (NEW) .