Updated: 9/10/20 DAA
“Person with disabilities” means any person who has a record of, is regarded as having, or has a physical or mental impairment that substantially limits one or more of life’s major activities. A “qualified person with disabilities” is a person with disabilities who can perform the essential functions of the position in question, with or without reasonable accommodation. Employees or prospective employees have the responsibility of notifying the District personnel office of the need for reasonable accommodations on account of a disability. 29 U.S.C. § 705(20) 34 CFR §104.3 “Has a record of such an 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. “Regarded as having an impairment” means: 1. Has a physical or mental impairment that does not substantially limit major life activities but that is treated by the District as constituting such a limitation; 2. Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others towards such impairment; or 3. Has no physical or mental impairment but is treated by the District as having such an impairment. "Physical or mental impairment" means: 1. 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, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; endocrine; or 2. Any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities. "Major life activities" means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
3.0110.08 EXCEPTIONS
Issue Date: 9/12/96 Updated: 9/10/20 DAA The following are not included in the definition of an "individual with a disability": 1. A person who is currently using illegal drugs when the District is acting on the basis of that use. 2. A person who is an alcoholic whose current use of alcohol prevents the person from performing the duties of the job in question or whose employment, by reason of such current alcohol abuse, would constitute a direct threat to the property or safety of others.
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