Current through Register Vol. XLI, No. 16, April 19, 2024
Section 77-1-2 - Definitions2.1. "Disability" means, with respect to an individual--:2.1.1. A mental or physical impairment which substantially limits one or more of a person's major life activities; or2.1.2. A record of such impairment; or2.1.3. Perception of such an impairment.2.1.4. This term does not include persons whose current use of or addiction to alcohol or drugs prevents such individual from performing the duties of the job in question or whose employment, by reason of such current alcohol or drug abuse, would constitute a direct threat (as defined in Rule 4.8) to property or the safety of others.2.2. "Physical Impairment" means 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; speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine.2.3. "Mental Impairment" means any mental or physiological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term "mental impairment" shall not include: 2.3.1. Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;2.3.2. Compulsive gambling, kleptomania, or pyromania;2.3.3. Psychoactive substance use disorders resulting from current illegal use of drugs.2.4. "Physical or Mental Impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearingimpairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, and emotional illness.2.5. "Substantially Limits" means: 2.5.1. The inability to perform a major life activity that the average person in the general population can perform;2.5.2. A significant restriction 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 the same major activity; but2.5.3. Substantially limits does not include or mean minor temporary ailments or injuries. Examples of minor temporary ailments are colds or flu, or sprains or minor injuries.2.6. "Major Life Activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, transportation, and adapting to housing.2.7. "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.2.8. "Is Regarded as Having an Impairment" means any of the following: 2.8.1. Has a physical or mental impairment that does not substantially limit major life activities but is treated by another as having such a limitation;2.8.2. Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or2.8.3. Has none of the impairments defined above but is treated by another as having such an impairment.