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Office of the Secretary of Labor§32.3
(3) Is regarded as having such an im-pairment.(b) As used in the proceeding para-graph of this section, the phrase:(1)
Physical or mental impairment
means—(i) Any physiological disorder or con-dition, cosmetic disfigurement, or ana-tomical loss affecting one or more of the following body systems: neuro-logical; musculoskeletal; special senseorgans; respiratory, including speechorgans; cardiovascular; reproductive;digestive; genito-urinary; hemic andlymphatic; skin; and endocrine;(ii) Any mental or psychological dis-order, such as mental retardation, or-ganic brain syndrome, emotional ormental illness, and specific learningdisabilities.(iii) The term
physical or mental im- pairment
includes but is not limited tosuch diseases and conditions as ortho-pedic, visual, speech and hearing im-pairments, cerebral palsy, epilepsy,muscular distrophy, multiple sclerosis,cancer, heart disease, diabetes, mentalretardation, emotional illness, anddrug addiction and alcoholism.(2)
Substantially limits
means the de-gree that the impairment affects an in-dividual becoming a beneficiary of aprogram or activity receiving Federalfinancial assistance or affects an indi-vidual’s employability. A handicappedindividual who is likely to experiencedifficulty in securing or retaining ben-efits or in securing, or retaining, or ad-vancing in employment would be con-sidered substantially limited.(3)
Major life activities
means func-tions such as caring for one’s self, per-forming manual tasks, walking, seeing,hearing, speaking, breathing, learning,working, and receiving education orvocational training.(4)
Has a record of such an impairment
means that the individual has a historyof, or has been misclassified as having,a mental or physical impairment thatsubstantially limits one or more lifeactivity.(5)
Is regarded as having such an im- pairment
means that the individual—(i) Has a physical or mental impair-ment that does not substantially limitmajor life activities but that is treatedby a recipient as constituting such alimitation;(ii) Has a physical or mental impair-ment that substantially limits majorlife activities only as a result of the at-titudes of others toward such impair-ment; or(iii) Has none of the impairments de-fined in paragraph (b)(1) of this sectionbut is treated by a recipient as havingsuch an impairment.
Qualified handicapped individual
means:(a) With respect to employment, anindividual with a handicap who is capa-ble of performing the essential func-tions of the job or jobs for which he orshe is being considered with reasonableaccommodation to his or her handicap;(b) With respect to services, a handi-capped individual who meets eligibilityrequirements relevant to the receipt of services provided in the program;(c) With respect to employment andto employment related training pro-grams, a handicapped individual whomeets both the eligibility requirementsfor participation in the program andvalid job or training qualificationswith reasonable accommodation.
Reasonable accommodation
means thechanges and modifications which canbe made in the structure of a job oremployment and training program, orin the manner in which a job is per-formed or an employment and trainingprogram is conducted, unless it wouldimpose an undue hardship on the oper-ation of the recipient’s program. Rea-sonable accommodation may include:(a) Making the facilities used by theemployees or participants in the areawhere the program is conducted, in-cluding common areas used by all em-ployees or participants such as hall-ways, restrooms, cafeterias andlounges, readily accessible to and usa-ble by handicapped persons, and(b) Job restructuring, part-time ormodified work schedules, acquisitionor modification of equipment or de-vices, the provision of readers or inter-preters, and other similar actions.
Recipient
means any state or its po-litical subdivisions, any instrumen-tality of a State or its political sub-divisions, any public or private agency,institution, organization, or other enti-ty, or any person to which Federal fi-nancial assistance is extended directlyor through another recipient, including
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