U.S. Department of Justice Civil Rights Division T.

5/28/92 JLW:LIB:HJB:jfh 202-PL-00041 (b)(6) Beavercreek, Ohio 45432 Dear xxx : This letter responds to your correspondence requesting technical assistance with respect to the provisions of the Americans with Disabilities Act, 42 U.S.C. 12101-12213 (ADA). The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities having rights or obligations under the Act. This letter provides informal guidance to assist you in understanding the ADA's requirements. However, it does not constitute a legal interpretation, and it is not binding on the Department. The regulations issued by the United States Department of Justice under Title III of the ADA define a disability as a physical impairment that substantially limits one or more of the major life activities of an individual. Physical impairments include (1) Any physiological disorder or condition, . . . or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; *** (iii) The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or Washington, D.C. 20530 JUN 2 1992

asymptomatic), tuberculosis, drug addiction, and alcoholism. cc: Records OADA Wodatch Bowen Beard udd:beard.ta.300(b)(6).2 01-00840 -228 C.F.R. S36.104, Disability. While your lack of the sense of smell is a physical impairment, you would be protected under the ADA only if that impairment substantially limits a major life activity. The regulation defines a major life activity to mean functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This determination is sometimes made on a case-by-case basis, and it would depend on information that is not disclosed in your letter. We are enclosing a copy of the regulations this Department issued under titles II and III of the ADA and our "Title II Highlights" and "Title III Highlights." I hope this information is helpful to you. Sincerely, L. Irene Bowen Deputy Director Office on the Americans with Disabilities Act Enclosures 01-00841

(Hand Written) 2-3-92 Dear Gentleman: Could you please inform me if my total lack of the sense of smell (caused in a head injury) qualifies as a disability? Thank you Sincerely, (b)(6) 01-00842