Illinois Administrative Code
Title 56 - LABOR AND EMPLOYMENT
Part 2500 - JOINT RULES OF THE DEPARTMENT OF HUMAN RIGHTS AND THE HUMAN RIGHTS COMMISSION: DISABILITY DISCRIMINATION IN EMPLOYMENT
Section 2500.20 - What Constitutes a "Disability"
Current through Register Vol. 48, No. 38, September 20, 2024
a) Statutory Definition - According to Section 1-103(I) of the Act, the term "disability" in employment contexts means a determinable physical or mental characteristic of a person, including but not limited to a determinable physical characteristic which necessitates the person's use of a guide or hearing dog, the history of such characteristic, or the perception of such characteristic by the person complained against, which may result from disease, injury, congenital condition of birth or functional disorder and which characteristic is unrelated to the person's ability to perform the duties of a particular job or position. This Section, together with Section 2500.30, interprets the various clauses within this definition.
b) Determinable Physical or Mental Characteristic
c) Resulting from Disease, Injury, Congenital Condition of Birth or Functional Disorder
If a dispute arises as to whether a condition constitutes a disablity, it is the burden of the person claiming the disability to establish that the condition results from disease, injury, congenital condition of birth or functional disorder. For example, the conditions of obesity and drug or alcohol abuse shall not be deemed "disabilities" unless the person can demonstrate that the condition arises from or constitutes the equivalent of a disease or functional disorder. (Even when alcohol or drug dependence is established as constituting a disease or functional disorder, see subsection (d) of this Part regarding whether the condition is "unrelated to the person's ability".)
d) Unrelated to the Person's Ability to Perform the Duties of a Particular Job or Position