§4553-A. Physical or mental disability
1.
Physical or mental disability, defined.
"Physical or mental disability" means:
A.
A physical or mental impairment that:
(1)
Substantially limits one or more of a person's major life activities;
(2)
Significantly impairs physical or mental health; or
(3)
Requires special education, vocational rehabilitation or related services;
[PL 2007, c. 385, §3 (NEW).]
B.
Without regard to severity unless otherwise indicated: absent, artificial or replacement limbs, hands, feet or vital organs; alcoholism; amyotrophic lateral sclerosis; bipolar disorder; blindness or abnormal vision loss; cancer; cerebral palsy; chronic obstructive pulmonary disease; Crohn's disease; cystic fibrosis; deafness or abnormal hearing loss; diabetes; substantial disfigurement; epilepsy; heart disease; HIV or AIDS; kidney or renal diseases; lupus; major depressive disorder; mastectomy; intellectual disability; multiple sclerosis; muscular dystrophy; paralysis; Parkinson's disease; pervasive developmental disorders; rheumatoid arthritis; schizophrenia; and acquired brain injury;
[PL 2011, c. 542, Pt. A, §3 (AMD).]
C.
With respect to an individual, having a record of any of the conditions in paragraph A or B; or
[PL 2007, c. 385, §3 (NEW).]
D.
With respect to an individual, being regarded as having or likely to develop any of the conditions in paragraph A or B.
[PL 2007, c. 385, §3 (NEW).]
[PL 2011, c. 542, Pt. A, §3 (AMD).]
2.
Additional terms.
For purposes of this section:
A.
The existence of a physical or mental disability is determined without regard to the ameliorative effects of mitigating measures such as medication, auxiliary aids or prosthetic devices; and
[PL 2007, c. 385, §3 (NEW).]
B.
"Significantly impairs physical or mental health" means having an actual or expected duration of more than 6 months and impairing health to a significant extent as compared to what is ordinarily experienced in the general population.
[PL 2007, c. 385, §3 (NEW).]
[PL 2007, c. 385, §3 (NEW).]
3.
Exceptions.
"Physical or mental disability" does not include:
A.
Pedophilia, exhibitionism, voyeurism, sexual behavior disorders, compulsive gambling, kleptomania, pyromania or tobacco smoking;
[PL 2007, c. 385, §3 (NEW).]
C.
Psychoactive substance use disorders resulting from current illegal use of drugs, although this may not be construed to exclude an individual who:
[PL 2007, c. 385, §3 (NEW).]
(1)
Has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs or has otherwise been rehabilitated successfully and is no longer engaging in such use;
(2)
Is participating in a supervised rehabilitation program and is no longer engaging in such use;
(3)
Is erroneously regarded as engaging in such use, but is not engaging in such use; or
(4)
In the context of a reasonable accommodation in employment, is seeking treatment or has successfully completed treatment.
[PL 2007, c. 385, §3 (NEW).]
SECTION HISTORY
PL 2007, c. 385, §3 (NEW). PL 2011, c. 542, Pt. A, §3 (AMD).