| a | Disability - With respect to an individual, means | ||
| (1) | a physical or mental impairment that substantially limits one or more of the major life activities of such individual; or, | (2) | a record of such an impairment, or; |
| (3) | being regarded as having such an impairment. | ||
| (a) | An example of "a record of such an impairment" includes having a history of, or having been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. | ||
| (b) | An example of "being regarded as having such an impairment" includes having an impairment that does not substantially limit a major life activity but is treated by USDA as constituting such limitation; having an impairment that substantially limits a major life activity only as a result of the attitudes of others toward such impairment; or, having none of the impairments described in this section, but being treated by USDA as having a substantially limiting impairment. | ||
| In regard to Reasonable Accommodation, ONLY those employees or applicants who meet part (1) or (2) of the above definition for "Disability" shall be considered eligible for a reasonable accommodation. Reasonable accommodation is not considered for those individuals who "have a record of" or are "regarded as" having an impairment. Individuals with a relationship or association with a person with a disability are not entitled to receive reasonable accommodation. However, the protections provided by other aspects of the Rehabilitation Act of 1973 provide other protections for individuals who meet these other definitions. | |||
| b | Essential Functions- are the fundamental job duties of the employment position the individual with a disability holds or desires. The reasons a function may be essential may include, but not be limited to: | |
| (1) | the reason the position exists is to perform that function; | |
| (2) | the limited number of other employees who could perform that function; and/or | |
| (3) | the function may be highly specialized so that the incumbent in the position is hired for his/her expertise or ability to perform the particular function. | |
| Determination of the essential functions of a position must be conducted on a case-by-case basis so that it reflects the job as actually performed, and not simply the components of a generic position description. | ||
| c | Major Life Activities - are functions such as, but not limited to: caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, thinking, sitting, standing, reaching, interacting with others, concentrating, lifting, sleeping, reproduction, running and working. |
| d | Mental Impairment - any psychological or mental disorder, e.g. mental retardation, organic brain syndrome, emotional or mental illness or specific learning disability. |
| e | Physical Impairment - 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, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin or endocrine. |
| f | Qualified Individual with a Disability - an individual with a disability who satisfies the requisite skill, experience, education, and other job related requirements of the employment position such individual holds or desires, and, who, with or without reasonable accommodation, can perform the essential functions of such position. |
| g | Reasonable Accommodation - a change in the work environment or the application process that would enable a qualified individual with a disability to enjoy equal employment opportunities. There are three general categories of reasonable accommodations: | |
| (1) | changes to a job application process to ensure that applicants with disabilities will have an equal opportunity to participate in the application process and to be considered for jobs; | |
| (2) | changes to enable an employee with a disability to perform the essential functions of the job or to gain access to the workplace; and | |
| (3) | changes to provide people with disabilities equal access to the benefits and privileges of employment. | |
| h | Substantially Limits - means unable to perform a major life activity that the average person in the general population can perform; or significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity. |
| i | USDA TARGET Center - the USDA’s resource center that provides on-site workplace assessments and demonstrations of assistive technology and ergonomic solutions to ensure appropriate implementation of reasonable accommodations for USDA’s workforce. |
| j | Undue Hardship - a specific accommodation requiring significant difficulty or expense. This determination is made on a case-by-case basis and considers the nature, cost of the accommodation, the financial resources of USDA as a whole, and/or impact of the accommodation on the operations of the particular office or facility involved. |