Orange County NC Website
Orange County Personnel Rules and Regulations Manual Issue Date: 6/22/2011 5 <br />Z. "Physical or mental impairment": A physical or mental disorder, illness, or <br />condition. Any physiological disorder or condition, cosmetic disfigurement, or <br />anatomical loss affecting one or more body systems; such as neurological, <br />musculoskeletal, special sense organs, respiratory (including speech organs), <br />cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, <br />lymphatic, skin, and endocrine. They also cover any mental or psychological <br />disorder, such as intellectual disability (formerly termed mental retardation), organic <br />brain syndrome, emotional or mental illness, and specific learning disabilities. <br />"Major life activities": The regulations provide anon-exhaustive list of examples of <br />major life activities: caring for oneself, performing manual tasks, seeing, hearing, <br />eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, <br />breathing, learning, reading, concentrating, thinking, communicating, interacting with <br />others, and working. The regulations also state that major life activities include the <br />operation of major bodily functions, including functions of the immune system, <br />special sense organs and skin, normal cell growth, digestive, genitourinary, bowel, <br />bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, <br />hemic, lymphatic, musculoskeletal, and reproductive functions. The regulations also <br />state that major bodily functions include the operation of an individual organ within a <br />body system (e.g., the operation of the kidney, liver, or pancreas). <br />4. "Record of': An individual who does not currently have a substantially limiting <br />impairment but who had one in the past meets this definition of "disability." An <br />individual also can meet the "record of definition of disability if she was once <br />misclassified as having a substantially limiting impairment (e.g., someone <br />erroneously deemed to have had a learning disability but who did not). <br />5. "Regarded as": An employer "regards" an individual as having a disability if it takes <br />an action prohibited by the ADA (e.g., failure to hire, termination,. or demotion) <br />based on an individual's impairment or on an impairment the employer believes the <br />individual has, unless the impairment is both transitory (lasting or expected to last for <br />six months or less) and minor. <br />C. Obligations Under the ADAAA <br />1. Prohibition of Employment Discrimination <br />Discrimination based on a person's disability with respect to any term, condition, or <br />privilege of employment, including hiring, is prohibited under the ADAAA. Included <br />under this would be the following: <br />a. Classifying applicants or employees with disabilities in any way that adversely <br />affects their opportunities or status. <br />b. Participating in any arrangement with another organization that has the effect of <br />discriminating against applicants or employees with disabilities. This would <br />Page 3 <br />