**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.
**(b) Certain conditions** Under this chapter, the term “disability” shall not include—
(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; or
(3) psychoactive substance use disorders resulting from current illegal use of drugs.
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Stable record: federal_law:legal_authorities:record_usc_c0307b3c2ecd14557ce84d7a Source file: Laws/federal/codes/united-states-code/title-42/section-12101-definitions--ad57df9fbe.md Pages: Not recorded – Not recorded Passage SHA-256: eded843ecc848eb2f5defda7466cb56fee063a10a88ad3a1316c7833b92ab774 Retained source evidence SHA-256: 951f7b9908320f2d1d468f2d2cb045f279e52da0e07eb7c87729ab91b4276bb6
Source location: Title 42, Chapter 126, § 12101; chapter-126-equal-opportunity-for-individuals-with-disabilities.md
Stored source content
**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.
**(b) Certain conditions** Under this chapter, the term “disability” shall not include—
(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; or
(3) psychoactive substance use disorders resulting from current illegal use of drugs.
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Federal law — U.S. Code and appendices · legal_authorities
§ 12101. Findings and purpose
(a) Findings
The Congress finds that—
(1) physical or mental disabilities in no way
diminish a person’s right to fully participate
in all aspects of society, yet many people with
physical or mental disabilities have been pre-
cluded from doing so because of discrimina-
tion; others who have a record of a disability
or are regarded as having a disability also
have been subjected to discrimination;
(2) historically, society has tended to isolate
and segregate individuals with disabilities,
and, despite some improvements, such forms
of discrimination against individuals with dis-
abilities continue to be a serious and pervasive
social problem;
(3) discrimination against individuals with
disabilities persists in such critical areas as
employment, housing, public accommodations,
education,
transportation,
communication,
recreation, institutionalization, health serv-
ices, voting, and access to public services;
Page 8238
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12101
(4) unlike individuals who have experienced
discrimination on the basis of race, color, sex,
national origin, religion, or age, individuals
who have experienced discrimination on the
basis of disability have often had no legal re-
course to redress such discrimination;
(5) individuals with disabilities continually
encounter various forms of discrimination, in-
cluding outright intentional exclusion, the
discriminatory effects of architectural, trans-
portation, and communication barriers, over-
protective rules and policies, failure to make
modifications to existing facilities and prac-
tices, exclusionary qualification standards and
criteria, segregation, and relegation to lesser
services, programs, activities, benefits, jobs,
or other opportunities;