Definitions for disability nondiscrimination

Under 2205.103, "auxiliary aids" for people with vision impairments are services or devices—such as readers, brailled materials, and audio recordings—that let them participate equally in agency programs or activities. This definition appears in 2205.103.

• Examples listed include readers, brailled materials, and audio recordings.
• Use the aid that best matches the person's needs; the regulation focuses on providing equal opportunity, not prescribing a single solution.

(See the definition of "auxiliary aids" in 2205.103.)

Under 2205.103, auxiliary aids for people with hearing impairments include telephone handset amplifiers, telephones compatible with hearing aids, TDDs (telecommunication devices for deaf persons), interpreters, notetakers, and written materials. This list is provided in 2205.103.

• Choose an aid that effectively communicates with the individual; a mix of services (e.g., interpreter plus written materials) can be appropriate.
• The agency must provide these when necessary to ensure equal access to programs or activities (see 2205.103).

Under 2205.103, "electronic and information technology" includes IT and any equipment or interconnected systems used to create, convert, or duplicate data or information—examples include telephones, information kiosks, World Wide Web sites, multimedia, copiers, and fax machines. This definition is in 2205.103.

• The definition covers hardware, software, multimedia, and telecommunications products.
• It focuses on devices and systems used for the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information (see 2205.103).

Under 2205.103, a product is not considered "electronic and information technology" when it contains embedded IT but its main purpose is not information handling—for example, HVAC thermostats or certain medical equipment where IT is integral but the device's principal function is not data processing. This carve-out is described in 2205.103.

• The key test is the principal function of the product: if the device's main job is not acquisition/storage/processing/display of information, it is excluded.
• Examples given include thermostats and medical equipment with embedded IT (see 2205.103).

Under 2205.103, "facility" means all or part of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other conveyances, or other real or personal property. This definition is provided in 2205.103.

• "Facility" is broad and includes both real property (buildings, roads) and personal property (equipment, vehicles).
• Use this definition when deciding which physical spaces or assets must meet accessibility or nondiscrimination obligations (see 2205.103).

Under 2205.103, an "individual with a disability" is anyone with a physical or mental impairment that substantially limits one or more major life activities, someone with a record of such an impairment, or someone regarded as having such an impairment. This definition appears in 2205.103.

• "Major life activities" include functions like caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
• The definition covers current impairments, past records of impairment, and people who are perceived by the agency as having an impairment (see 2205.103).

Under 2205.103, examples of physical or mental impairments include orthopedic, visual, speech, and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; mental retardation; emotional illness; and drug addiction and alcoholism. These examples are listed in 2205.103.

• The list is illustrative, not exhaustive—other conditions can qualify if they substantially limit a major life activity.
• The regulation also explains that impairments can include physiological disorders and mental or psychological disorders (see 2205.103).

Under 2205.103, "major life activities" include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This definition is in 2205.103.

• This list is illustrative; courts and agencies may recognize additional major life activities depending on circumstances.
• Determinations about substantial limitation should focus on how the impairment affects the specific activity (see 2205.103).

Under 2205.103, "has a record of such an impairment" means the person has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. This is defined in 2205.103.

• This covers people whose prior medical records show an impairment even if they no longer have current limitations.
• It also protects people who were incorrectly labeled as having an impairment (see 2205.103).

Under 2205.103, being "regarded as having an impairment" means the agency treats a person as if they have an impairment—even if they do not—or treats an impairment as substantially limiting because of attitudes of others or misperception. This definition is provided in 2205.103.

• It covers three situations: treated as having an impairment that does not substantially limit activities, treated as limited because of others' attitudes, or treated as having an impairment not listed in the regulation.
• Being "regarded as" disabled can trigger nondiscrimination protections (see 2205.103).

Under 2205.103, "qualified individual with a disability" for employment is defined by reference to the employment definition in 29 CFR 1630.2(m), meaning a person who, with or without reasonable accommodation, can perform the essential functions of the job. See both 2205.103 and 1630.2(m).

• For non-employment programs, 2205.103 gives a program-specific definition focusing on eligibility requirements and whether modifications would fundamentally alter the program (2205.103).
• Employers should consult 1630.2 for broader context on reasonable accommodation and essential functions.

Under 2205.103, an agency can refuse a modification if it can demonstrate the change would result in a fundamental alteration in the nature of the program or activity. This concept is described in 2205.103.

• The agency must show why the requested modification would change the essential nature or purpose of the program, not merely because it is inconvenient or costly.
• When denying a modification, document the analysis showing how the change is a fundamental alteration (see 2205.103).

Under 2205.103, "section 504" applies only to programs or activities conducted by Executive agencies and does not apply to federally assisted programs. This limitation is stated in 2205.103.

• If your program is federally assisted rather than run by an Executive agency, different rules may apply.
• Use 2205.103 to determine applicability for Commission-conducted programs.

Under 2205.103, "Section 508" refers to the section of the Rehabilitation Act that requires federal electronic and information technology to be accessible to people with disabilities; the regulation cites the statutory history and amendments that define Section 508. See 2205.103.

• Section 508 focuses on accessibility of electronic and information technology used by federal agencies.
• For technical procurement and accessibility obligations, pair the Section 508 reference in 2205.103 with the agency's Section 508 implementation guidance.

Under 2205.103, "substantial impairment" is defined as a significant loss of the integrity of finished materials, design quality, or special character resulting from a permanent alteration. This definition appears in 2205.103.

• This term is used when assessing whether accessibility changes would significantly harm historic properties' character.
• Agencies should weigh accessibility needs against this definition when planning permanent alterations to historic properties (see 2205.103).

Under 2205.103, "historic preservation programs" are agency programs whose primary purpose is preserving historic properties, and "historic properties" are those listed or eligible for listing in the National Register of Historic Places or designated historic under state or local law. These definitions are in 2205.103.

• When accessibility changes affect historic properties, agencies must consider the preservation purpose and the definition of "substantial impairment" (see 2205.103).

Under 2205.103, "information technology" includes not only devices like computers and ancillary equipment but also software, firmware, procedures, services (including support services), and related resources. This broader definition is provided in 2205.103 and cross-references 1630.2.

• Procurement and accessibility reviews should consider software, support services, and procedures as part of the IT ecosystem.
• Accessibility obligations can cover these non-hardware elements, so include them in compliance planning (see 2205.103).

Under 2205.103, the agency should provide auxiliary aids that enable equal participation, choosing the aid that effectively meets the individual's communication needs—there is no single required aid listed, so the choice should be tailored to the person's needs. See 2205.103.

• Engage the individual to identify the most effective aid (e.g., interpreter, assistive device, or written materials).
• Document why the selected aid meets the individual's needs and how it ensures equal opportunity (see 2205.103).

Under 2205.103, telephones are explicitly included as examples of "electronic and information technology." This is stated in 2205.103.

• Accessibility for telephones may require handset amplifiers, compatibility with hearing aids, or TDDs depending on users' needs.
• Treat telephone systems as IT assets when assessing accessibility and procurement (see 2205.103).

Under 2205.103, "ancillary equipment" is part of the information technology definition and would include peripherals such as printers and scanners used with computers and IT systems. See 2205.103 and 1630.2.

• When procuring peripherals, agencies should assess accessibility of both the device and any required software or drivers.
• Include peripherals in accessibility testing and documentation (see 2205.103).

Under 2205.103, drug addiction and alcoholism are listed as examples of physical or mental impairments and therefore can be considered disabilities when they substantially limit a major life activity. This appears in 2205.103.

• Protections typically depend on whether the condition substantially limits a major life activity; current illegal drug use may be treated differently under other laws or policies.
• Review the contextual definitions in 2205.103 when applying protections.

Under 2205.103, equipment that contains embedded IT used as an integral part of a product is not considered "electronic and information technology" if the product's principal function is not information handling—for example, HVAC controls or certain medical devices. This exclusion is described in 2205.103.

• The exclusion applies when the device's main purpose is something other than acquisition, storage, manipulation, display, switching, interchange, transmission, or reception of data.
• Consider whether the product's principal function is information-related before concluding it is subject to IT accessibility requirements (see 2205.103).

Under 2205.103, a "complete complaint" must include the complainant's name and address and describe the alleged discriminatory action in sufficient detail to inform the agency of the nature and date of the violation; complaints missing these elements are not complete. See 2205.103.

• Complaints must be signed by the complainant or an authorized representative.
• Complaints filed on behalf of classes or third parties should identify the alleged victims when possible (see 2205.103).

Under 2205.103, "information technology" explicitly includes services (including support services), procedures, and related resources in addition to hardware and software. This broader definition is specified in 2205.103 and reflected in 1630.2.

• Accessibility planning should therefore include help desks, support procedures, and training services, not just devices and code.
• Treat support services as part of the accessibility obligation when they affect a user's ability to access information or IT systems (see 2205.103).