Section 504

Physical or Mental Impairment

Physical or mental impairment means

• (a)
  any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body systems: neurological; musculoskeletal; specific sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; endocrine or
• (b)
  any mental or physiological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disability.

Appendix A to § 504 regulations enumerates specific examples; diseases; and conditions, such as cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, and diabetes. The list of impairments from § 504 and the Americans with Disabilities Act (ADA) is not intended to be exhaustive; a disease or a condition not specifically listed may constitute a physical or mental impairment.

Substantially Limits

While there is no specific definition of substantial limitation, an individual with a disability is someone who, due to an impairment, is substantially limited in performing a major life activity as compared to most people in the general population. While the limitation imposed by an impairment must be important, it does not require significant or severe restriction. The ADAAA of 2008 requires that the limitation on a major life activity be interpreted broadly, rather than narrowly.

Major Life Activities

Major life activities include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, and learning. In the ADAAA of 2008, Congress provided additional examples of major life activities, including eating, sleeping, working, standing, lifting, bending, reading, concentrating, thinking, and communicating. Congress also provided a nonexhaustive list of examples of “major bodily functions” that are major life activities, such as the functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Has a Record of Such an Impairment

This means that an individual has a history of, or has been classified as having, a mental or physical impairment that substantially limits one or more major life activities.

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