PJC Business

E MPLOYMENT

PJC 107.11

PJC 107.11 Instruction on Disability

PJC 107.11A Instruction on Disability (Actual, or Record of)

“Disability” means— 1. a mental or physical impairment that substantially limits at least one major life activity; or 2. a record of such an impairment. The term “disability” shall be construed in favor of broad coverage of indi viduals to the maximum extent permitted by these terms. “Mental or physical impairment” means [ any physiological disorder or con dition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as: neurological; musculoskeletal; special sense organs; respira tory (including speech organs); cardiovascular; reproductive; digestive; geni tourinary; immune; circulatory; hemic; lymphatic; skin; and endocrine; or any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities ] . “Major life activity” includes, but is not limited to, [ caring for oneself, per forming manual tasks, seeing, hearing, eating, sleeping, walking, standing, lift ing, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, or working. The term also includes the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respi ratory, circulatory, endocrine, and reproductive functions ]. An impairment is a disability if it substantially limits the ability to perform a major life activity as compared to most people in the general population. An impairment need not prevent, or significantly or severely restrict, the individual from performing a major life activity in order to be considered substantially limiting. Nonetheless, not every impairment will constitute a “disability.” An impairment that is episodic or in remission is a disability if it would sub stantially limit a major life activity when active. “Record of such an impairment” means that an individual has a history of, or has been misclassified as having, a mental or physical impairment that substan tially limits one or more major life activities.

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