{"identifier":"/us/usc/t42/s2000gg","title":42,"num":"\u00a7\u202f2000gg.","heading":"Definitions","text":"\u00a7\u202f2000gg.\nDefinitions\nAs used in this chapter\u2014\n(1) the term \u201cCommission\u201d means the Equal Employment Opportunity Commission;\n(2) the term \u201ccovered entity\u201d\u2014\n(A) has the meaning given the term \u201crespondent\u201d in\nsection 2000e(n) of this title\n(B) includes\u2014\n(i) an employer, which means a person engaged in industry affecting commerce who has 15 or more employees as defined in\nsection 2000e(b) of this title\n(ii) an employing office, as defined in\nsection 1301 of title 2\nsection 411(c) of title 3\n(iii) an entity employing a State employee described in\nsection 2000e\u201316c(a) of this title\n(iv) an entity to which\nsection 2000e\u201316(a) of this title\n(3) the term \u201cemployee\u201d means\u2014\n(A) an employee (including an applicant), as defined in\nsection 2000e(f) of this title\n(B) a covered employee (including an applicant), as defined in\nsection 1301 of title 2\nsection 1311(d) of title 2\n(C) a covered employee (including an applicant), as defined in\nsection 411(c) of title 3\n(D) a State employee (including an applicant) described in\nsection 2000e\u201316c(a) of this title\n(E) an employee (including an applicant) to which\nsection 2000e\u201316(a) of this title\n(4) the term \u201cknown limitation\u201d means physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or employee\u2019s representative has communicated to the employer whether or not such condition meets the definition of disability specified in section 3 of the Americans with Disabilities Act of 1990 (\n42 U.S.C. 12102\n(5) the term \u201cperson\u201d has the meaning given such term in\nsection 2000e(a) of this title\n(6) the term \u201cqualified employee\u201d means an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position, except that an employee or applicant shall be considered qualified if\u2014\n(A) any inability to perform an essential function is for a temporary period;\n(B) the essential function could be performed in the near future; and\n(C) the inability to perform the essential function can be reasonably accommodated; and\n(7) the terms \u201creasonable accommodation\u201d and \u201cundue hardship\u201d have the meanings given such terms in section 101 of the Americans with Disabilities Act of 1990 (\n42 U.S.C. 12111\n42 U.S.C. 12101","url":"https://projectusc.org/usc/t42/s2000gg.html","content":[{"t":"sec","id":"/us/usc/t42/s2000gg","children":[{"t":"num","text":"\u00a7\u202f2000gg."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"As used in this chapter\u2014"},{"t":"para","id":"/us/usc/t42/s2000gg/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the term \u201cCommission\u201d means the Equal Employment Opportunity Commission;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s2000gg/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" the term \u201ccovered entity\u201d\u2014"},{"t":"subpara","id":"/us/usc/t42/s2000gg/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" has the meaning given the term \u201crespondent\u201d in ","children":[{"t":"ref","text":"section 2000e(n) of this title","href":"/us/usc/t42/s2000e/n","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s2000gg/2/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" includes\u2014"},{"t":"clause","id":"/us/usc/t42/s2000gg/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" an employer, which means a person engaged in industry affecting commerce who has 15 or more employees as defined in ","children":[{"t":"ref","text":"section 2000e(b) of this title","href":"/us/usc/t42/s2000e/b","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s2000gg/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" an employing office, as defined in ","children":[{"t":"ref","text":"section 1301 of title 2","href":"/us/usc/t2/s1301","tail":" and "},{"t":"ref","text":"section 411(c) of title 3","href":"/us/usc/t3/s411/c","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s2000gg/2/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" an entity employing a State employee described in ","children":[{"t":"ref","text":"section 2000e\u201316c(a) of this title","href":"/us/usc/t42/s2000e\u201316c/a","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s2000gg/2/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" an entity to which ","children":[{"t":"ref","text":"section 2000e\u201316(a) of this title","href":"/us/usc/t42/s2000e\u201316/a","tail":" applies;"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s2000gg/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" the term \u201cemployee\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t42/s2000gg/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" an employee (including an applicant), as defined in ","children":[{"t":"ref","text":"section 2000e(f) of this title","href":"/us/usc/t42/s2000e/f","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s2000gg/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a covered employee (including an applicant), as defined in ","children":[{"t":"ref","text":"section 1301 of title 2","href":"/us/usc/t2/s1301","tail":", and an individual described in "},{"t":"ref","text":"section 1311(d) of title 2","href":"/us/usc/t2/s1311/d","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s2000gg/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" a covered employee (including an applicant), as defined in ","children":[{"t":"ref","text":"section 411(c) of title 3","href":"/us/usc/t3/s411/c","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s2000gg/3/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" a State employee (including an applicant) described in ","children":[{"t":"ref","text":"section 2000e\u201316c(a) of this title","href":"/us/usc/t42/s2000e\u201316c/a","tail":"; or"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s2000gg/3/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" an employee (including an applicant) to which ","children":[{"t":"ref","text":"section 2000e\u201316(a) of this title","href":"/us/usc/t42/s2000e\u201316/a","tail":" applies;"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s2000gg/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" the term \u201cknown limitation\u201d means physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or employee\u2019s representative has communicated to the employer whether or not such condition meets the definition of disability specified in section 3 of the Americans with Disabilities Act of 1990 (","children":[{"t":"ref","text":"42 U.S.C. 12102","href":"/us/usc/t42/s12102","tail":");"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s2000gg/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" the term \u201cperson\u201d has the meaning given such term in ","children":[{"t":"ref","text":"section 2000e(a) of this title","href":"/us/usc/t42/s2000e/a","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s2000gg/6","children":[{"t":"num","text":"(6)"},{"t":"chapeau","text":" the term \u201cqualified employee\u201d means an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position, except that an employee or applicant shall be considered qualified if\u2014"},{"t":"subpara","id":"/us/usc/t42/s2000gg/6/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" any inability to perform an essential function is for a temporary period;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s2000gg/6/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the essential function could be performed in the near future; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s2000gg/6/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the inability to perform the essential function can be reasonably accommodated; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s2000gg/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" the terms \u201creasonable accommodation\u201d and \u201cundue hardship\u201d have the meanings given such terms in section 101 of the Americans with Disabilities Act of 1990 (","children":[{"t":"ref","text":"42 U.S.C. 12111","href":"/us/usc/t42/s12111","tail":") and shall be construed as such terms are construed under such Act ["},{"t":"ref","text":"42 U.S.C. 12101","href":"/us/usc/t42/s12101","tail":" et seq.] and as set forth in the regulations required by this chapter, including with regard to the interactive process that will typically be used to determine an appropriate reasonable accommodation."}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}