29 CFR 1630.2 - Definitions
| Cite as | 29 CFR 1630.2 |
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6734 practice notes
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Part II
...limits one or more of the major life activities of an individual.'' The current rule cites the EEOC regulations implementing the ADA (at 29 CFR 1630.2) defining those terms, including the term ``substantially limits,'' which relates generally to the nature, severity, duration and long-term ......
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The Family and Medical Leave Act
...a physical or mental impairment that substantially limits one or more of the major life activities of an individual. Regulations at 29 CFR 1630.2(h), (i), and (j), issued by the Equal Employment Opportunity Commission under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq.,......
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Pay administration:
e-Payroll initiative; pay policies standardization,
...individual to whom this subpart applies. Essential functions means the fundamental job duties of the employee's position, as defined in 29 CFR 1630.2(n). An employee who must be absent from work to receive medical treatment for a serious health condition is considered to be unable to perfor......
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Affirmative Action for Individuals With Disabilities in Federal Employment
...to clarify that agencies need only consider reassignment ``to a vacant position'' as a reasonable accommodation, consistent with 29 CFR 1630.2(o)(2)(ii). --------------------------------------------------------------------------- \64\ For reasons of clarity, the proposed paragraph was split......
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6514 cases
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Powers v. Tweco Products, Inc., No. CIV.A.00-1136-MLB.
...F.3d 1248, 1256 (10th Cir.2001) (citing the three scenarios under which a plaintiff may be deemed disabled as set forth by the EEOC in 29 C.F.R. § 1630.2(1)). In both situations, plaintiff must demonstrate that Tweco entertained misperceptions about her abilities, either that she had a subs......
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Cody v. County of Nassau, No. CV 05-2334(ETB).
...disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. 29 C.F.R. § 1630.2(h). "Under the law of this Circuit, the EEOC's regulations are entitled to `great deference' in interpreting the ADA." Muller v. Costello, 187 F.......
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Johnston v. Henderson, No. 00-6445CIV.
...Cheshire Bridge, Inc., 117 F.3d 1278 (11th Cir.1997); Pritchard v. Southern Company Services, 92 F.3d 1130, 1133 (11th Cir. 1996); 29 C.F.R. § 1630.2(j)(3)(i). "Although a plaintiff seeking recovery under the ADA, is not required to prove a comprehensive list of jobs which [he] cannot perfo......
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Napreljac v. John Q. Hammons Hotels, Inc., No. 4:05-cv-00160-JEG.
...(1999); Sutton v. United Air Lines, Inc., 527 U.S. 471, 479, 119 S.Ct. 2139, 144 L.Ed.2d 450 (1999). The EEOC has done so anyway. See 29 C.F.R. § 1630.2 (2006). The Court has passed on determining the level of deference to afford the EEOC's regulations because the parties before it have alw......
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128 firm's commentaries
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Annual Report on EEOC Developments – Fiscal Year 2015
...2015). 268 EEOC v. Beverage Distributors, 2014 U.S. Dist. LEXIS 155791 (D. Colo. Nov. 1, 2014). 269 29 C.F.R. § 1630.15(b)(2). 270 29 C.F.R. § 1630.2(r). 271 EEOC v. Beverage Distributors, 2015 U.S. App. LEXIS 4067, at *6 (10th Cir. Mar. 16, 2015). 272 Beverage Distributors, 2015 U.S. App. ......
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Annual Report On EEOC Developments: Fiscal Year 2020
...harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.” 29 C.F.R. 1630.2(r). Employers should conduct an individualized assessment of four factors in determining whether a direct threat exists: the duration of the risk; the......
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The “Bring Your Own Device” To Work Movement: Engineering Practical Employment and Labor Law Compliance Solutions - May 2012
...speculation that if it were to hire several people with disabilities it may not have sufficient staff to perform certain tasks). See 29 C.F.R § 1630.2(p)(2) (factors that an employer must consider in determining whether an accommodation poses an undue hardship). 136 29 U.S.C. §§ 203(g), 207......
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DOJ Opioid Use Disorder Treatment Guidance Document
...Title I of the ADA define the term “physical or mental impairment” as including “any physiological disorder or condition.” 29 C.F.R. § 1630.2(h). 7 See Substance Abuse and Mental Health Services Administration, Mental Health and Substance Use Disorders, samhsa.gov/find-help/disorders (last ......
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35 books & journal articles
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Winning summary judgment in employment ADA cases: what have plaintiffs done for you lately? How to defend employers against claims brought under the ADA.
...did not dispute reading and writing as major life activities). (46) See Appendix. (47) 358 F.3d 110, 115 (1st Cir. 2004). (48) Id. (49) 29 C.F.R. 1630.2 (n) 1. (50) Mellon v. Federal Express Corp., 239 F. 3rd 954, 957 (8th Cir. 2001), (51) 42 U.S.C. [section][section] 12101-12213. (52) 29 C......
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Is HIV a disability under the Americans with Disabilities Act: unanswered questions after Bragdon v. Abbott.
...44, at 72-85; Hopp & Rogers, supra note 3, at 134-145. (49) 42 U.S.C. Sec. 12102(2) (50) Id. (51) See 28 C.F.R. [section] 36.104; 29 C.F.R. 1630.2. (52) 29 C.F.R. [section] 1630.2(k); See also Doe v. Kohn Nast & Graf, P.C., 862 F. Supp. 1310, 1322 (E.D.Pa. 1994) the Court held that ......
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Paralyzing Discord: Workplace Safety, Paternalism, and the Accommodation of Biological Variance in the Americans with Disabilities Act
...see infra text accompanying notes 188-198. [36] 42 U.S.C.§ 12112(b)(5)(A) (2000) (emphasis added). [37] 42 U.S.C. § 12102; see also 29 C.F.R. § 1630.2(g)(1) (2000), 29 C.F.R. § 1630.2(g)(2-3) (2000), 29 C.F.R. § 1630.2(k) (2000) ("Has a record of such impairment means has a history of, or h......
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EEOC reinforces broad interpretation of ADAAA disability qualification: but what does "substantially limits" mean?
...individual with a disability under ADAAA [section] 12102(4)(D) and proposed EEOC regulations, 29 C.F.R. [section] 1630.2(g)(4) and 29 C.F.R. 1630.2(g)(5)). (127.) 42 U.S.C. [section] 12102(4)(C). (128.) 74 Fed. Reg. at 48440 (to be codified at 29 C.F.R. [section] 1630.2(j)(2)(iii)(A), (iv)(......
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2 provisions
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Chapter 296, SB 327 – Revises provisions relating to discriminatory practices
...Division of Human Resource Management of the Department of Administration. 5. "Essential functions" has the meaning ascribed to it in 29 C.F.R. § 1630.2. 6. "Protective hairstyle" includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks a......
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Chapter 317, AB 365 – Revises provisions relating to governmental administration
...Division of Human Resource Management of the Department of Administration. 5. "Essential functions" has the meaning ascribed to it in 29 C.F.R. § 1630.2. 6. "Marginalized identity" means an identity that causes or has historically caused a person of such an identity to be disproportionately......