Page:United States Statutes at Large Volume 104 Part 1.djvu/364

 104 STAT. 330 PUBLIC LAW 101-336 —JULY 26, 1990 (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. (3) STATE.— The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. TITLE I—EMPLOYMENT 42 USC 12111. SEC. 101. DEFINITIONS. As used in this title: (1) COMMISSION. —The term "Commission" means the Equal Employment Opportunity Commission established by section 705 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4). (2) COVERED ENTITY.—The term "covered entity" means an employer, employment agency, labor organization, or joint labor-management committee. (3) DIRECT THREAT.—The term "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation. (4) EMPLOYEE.— The term "employee" means an individual employed by an employer. (5) EMPLOYER.— (A) IN GENERAL.— The term "employer" means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person, except that, for two years following the effective date of this title, an employer means a person engaged in an industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of such person. (B) EXCEPTIONS.—The term "employer" does not include— (i) the United States, a corporation wholly owned by the government of the United States, or an Indian tribe; or (ii) a bona fide private membership club (other than a labor organization) that is exempt from taxation under section 501(c) of the Internal Revenue Code of 1986. (6) ILLEGAL USE OF DRUGS. — (A) IN GENERAL. —The term "illegal use of drugs" means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. 812). Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law. (B) DRUGS.— The term "drug" means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act.

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