42 USC § 12211 - Definitions

---
identifier: "/us/usc/t42/s12211"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 12211 - Definitions"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "12211"
section_name: "Definitions"
chapter_number: 126
chapter_name: "EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES"
subchapter_number: "IV"
subchapter_name: "MISCELLANEOUS PROVISIONS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 101–336, title V, § 512, formerly § 511, July 26, 1990, 104 Stat. 376; renumbered § 512, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558.)"
---


# § 12211. Definitions

**1** **Homosexuality and bisexuality** [^1]

For purposes of the definition of “disability” in section 12102(2)  of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.

See References in Text note below.

**(b)** **Certain conditions** Under this chapter, the term “disability” shall not include—

**(1)** transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;

**(2)** compulsive gambling, kleptomania, or pyromania; or

**(3)** psychoactive substance use disorders resulting from current illegal use of drugs.

---

**Source Credit**: (Pub. L. 101–336, title V, § 512, formerly § 511, July 26, 1990, 104 Stat. 376; renumbered § 512, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558.)

## Editorial Notes

### References in Text

This chapter, referred to in text, was in the original “this Act”, meaning , , , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.

, referred to in subsec. (a), was amended generally by , , , and, as so amended, provisions formerly appearing in par. (2) are now contained in par. (1).

### Prior Provisions

A prior , which amended former , Labor, was renumbered section 513.