42 U.S.C. § 12211

Current through P.L. 118-21 (published on www.congress.gov on 11/13/2023)
Section 12211 - Definitions
(a) Homosexuality and bisexuality

For purposes of the definition of "disability" in section 12102(2) 1 of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.

(b) Certain conditions

Under this chapter, the term "disability" shall not include-

(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; or
(3) psychoactive substance use disorders resulting from current illegal use of drugs.

1 See References in Text note below.

42 U.S.C. § 12211

Pub. L. 101-336, title V, §512, formerly §511, July 26, 1990, 104 Stat. 376; renumbered §512, Pub. L. 110-325, §6(a)(2), Sept. 25, 2008, 122 Stat. 3558.


REFERENCES IN TEXTThis chapter, referred to in text, was in the original "this Act", meaning Pub. L. 101-336, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables.Section 12102 of this title, referred to in subsec. (a), was amended generally by Pub. L. 110-325, §4(a), Sept. 25, 2008, 122 Stat. 3555, and, as so amended, provisions formerly appearing in par. (2) are now contained in par. (1).

PRIOR PROVISIONSA prior section 512 of Pub. L. 101-336 which amended former section 706 of Title 29, Labor, was renumbered section 513.