910 Ind. Admin. Code 3-2-15

Current through May 8, 2024
Section 910 IAC 3-2-15 - "Substantially limits" defined

Authority: IC 22-9-5-27

Affected: IC 22-9-5

Sec. 15.

(a) "Substantially limits" means the following:
(1) An individual is unable to perform a major life activity that the average person in the general population can perform.
(2) An individual is significantly restricted as to the condition, manner, or duration under which he or she 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.
(b) The following factors should be considered in determining whether an individual is substantially limited in a major life activity:
(1) The nature and severity of the impairment.
(2) The duration or expected duration of the impairment.
(3) The permanent or long term impact, or the expected permanent or long term impact, of or resulting from the impairment.
(c) With respect to the major life activity of working, the term means an individual is significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills, and abilities. The inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working.
(d) In addition to the factors listed in subsection (b), the following factors may be considered in determining whether an individual is substantially limited in the major life activity of working:
(1) The geographical area to which the individual has reasonable access.
(2) The job from which the individual has been disqualified because of an impairment, and the number and types of jobs utilizing similar training, knowledge, skills, or abilities, within that geographical area, from which the individual is also disqualified because of the impairment (class of jobs).
(3) The job from which the individual has been disqualified because of an impairment, and the number and types of other jobs not utilizing similar training, knowledge, skills, or abilities, within that geographical area, from which the individual is also disqualified because of the impairment (broad range of jobs in various classes).

910 IAC 3-2-15

Civil Rights Commission; 910 IAC 3-2-15; filed Dec 31, 1998, 2:10 p.m.: 22 IR 1519; readopted filed Oct 18, 2005, 2:30 p.m.: 29 IR 897; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFA
Readopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA