Disability: Exceptions to the Definition of Individual with a Disability
Federal laws barring discrimination on the basis of disability contain several exceptions to the definition of "individual with a disability." These exceptions mean that people who have certain conditions, or who engage in certain activities, are not protected from adverse actions that are motivated by those conditions or activities, even if those adverse actions would otherwise be considered discriminatory.
There are two types of exceptions to the definition of "individual with a disability": exceptions that apply in all aspects of a recipient's operations, and exceptions that apply only in the employment context.
Although DOL's Section 504 regulations have not yet been updated to include these exceptions to the definition of "individual with a disability," be aware that Congress has amended the Section 504 statute to include the exceptions.
