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Note: the definition of "individual with handicaps" at 24 CFR 8.3 defines
handicaps for purposes of determining whether an individual is protected by Section
504. The definitions (there are more than one) in the program statutes and
regulations define who are handicapped persons for purposes of eligibility for the
program or activity in question.
Definition of "Person with a Disability"
Section 504 protects people with disabilities from discrimination
based on their disability. A person is disabled within the meaning of Section 504 is he or she:
- has a mental or physical impairment
that substantially limits one or more of such person's major life activities;
- has a record of such impairment; or,
- is regarded as having such an impairment.
"Physical or mental impairments" that fall within discrimination
prohibitions include: (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, genito-urinary, hemic and lymphatic, skin, and endocrine; or (2) any
mental or psychological disorder such as mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities. The term
"physical or mental impairment" includes but is not limited to such diseases and
conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy,
epilepsy, muscular dystrophy, multiple sclerosis, AIDS, cancer, hearing disease,
diabetes, mental retardation, emotional illness, and drug addiction and alcoholism.
"Major life activities" include functions such as caring
for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing,
sitting, standing, lifting, reaching, thinking, concentration, reading, interacting
with others, learning, reproducing, sleeping and working.
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