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U.S.

Department of Justice

Civil Rights Division

T. 5/28/92
JLW:LIB:HJB:jfh

202-PL-00041 Washington, D.C. 20530

(b)(6) JUN 2 1992


Beavercreek, Ohio 45432

Dear xxx :

This letter responds to your correspondence requesting


technical assistance with respect to the provisions of the
Americans with Disabilities Act, 42 U.S.C. 12101-12213 (ADA).
The ADA authorizes the Department of Justice to provide technical
assistance to individuals and entities having rights or
obligations under the Act. This letter provides informal
guidance to assist you in understanding the ADA's requirements.
However, it does not constitute a legal interpretation, and it is
not binding on the Department.

The regulations issued by the United States Department of


Justice under Title III of the ADA define a disability as a
physical impairment that substantially limits one or more of the
major life activities of an individual. Physical impairments
include

(1) Any physiological disorder or condition, . . . or


anatomical loss affecting one or more of the following
body systems: neurological; musculoskeletal; special
sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genitourinary;
hemic and lymphatic; skin; and endocrine;
***
(iii) The phrase physical or mental impairment
includes, but is not limited to, such contagious and
noncontagious diseases and conditions as orthopedic,
visual, speech, and hearing impairments, cerebral
palsy, epilepsy, muscular dystrophy, multiple
sclerosis, cancer, heart disease, diabetes, mental
retardation, emotional illness, specific learning
disabilities, HIV disease (whether symptomatic or
asymptomatic), tuberculosis, drug addiction, and
alcoholism.

cc: Records OADA Wodatch Bowen Beard


udd:beard.ta.300(b)(6).2

01-00840

-2-

28 C.F.R. S36.104, Disability.

While your lack of the sense of smell is a physical


impairment, you would be protected under the ADA only if that
impairment substantially limits a major life activity. The
regulation defines a major life activity to mean functions such
as caring for one's self, performing manual tasks, walking,
seeing, hearing, speaking, breathing, learning, and working.
This determination is sometimes made on a case-by-case basis, and
it would depend on information that is not disclosed in your
letter.

We are enclosing a copy of the regulations this Department


issued under titles II and III of the ADA and our "Title II
Highlights" and "Title III Highlights." I hope this information
is helpful to you.

Sincerely,

L. Irene Bowen
Deputy Director
Office on the Americans with Disabilities Act

Enclosures

01-00841
(Hand Written) 2-3-92
Dear Gentleman:
Could you please inform me
if my total lack of the sense of
smell (caused in a head injury)
qualifies as a disability?

Thank you

Sincerely,

(b)(6)

01-00842

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