DJ 202-PL-340

Mr. George A. Zitnay

President and Chief Executive Officer
National Head Injury Foundation
1776 Massachusetts Ave., Suite 100
Washington D.C. 20036

Dear Mr. Zitnay:

This letter is in response to your inquiry regarding whether

individuals who have experienced traumatic brain injury are
protected by the Americans with Disabilities Act (ADA).

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities having rights or
obligations under the Act. This letter provides informal
guidance to assist you in understanding the ADA's requirements.
However, it does not constitute a legal interpretation or legal
advice, and it is not binding on the Department of Justice.

The ADA defines the word "disability" as a physical or

mental impairment that substantially limits one or more of an
individual's major life activities; a record of such an
impairment; or being regarded as having such an impairment. 42
U.S.C. S12102(2). Section 36.104 of the Department's ADA title
III regulation (enclosed), at page 35,593, provides that:

(1) The phrase physical or mental impairment means --

(i) Any physiological disorder or condition, cosmetic

disfigurement, or anatomical loss affecting one or more
of the following body systems: neurological;
musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular; reproductive;
digestive; genitourinary; hemic and lymphatic; skin;
and endocrine; ...

(iii) The phrase physical or mental impairment

includes, but is not limited to, such contagious and
noncontagious diseases and conditions such as
orthopedic, visual, speech, and hearing impairments,
cerebral palsy, epilepsy, muscular dystrophy, multiple

cc: Records, Chrono, Wodatch, Breen, Perley, Friedlander, FOIA

Udd:Perley:zitnay.pl
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sclerosis, cancer, heart disease, diabetes, mental

retardation, emotional illness, specific learning
disabilities, HIV disease ..., tuberculosis, drug
addiction, and alcoholism ... (emphasis added).

In your letter you state that "because disability from

traumatic brain injury is not specifically identified in the ADA
statute or regulations, there is concern that persons with TBI
are not protected by the ADA." Please be assured that traumatic
brain injury is an impairment covered by the statute. As
explained in the section-by-section analysis of the regulation at
page 35,548, "traumatic brain injury is a physiological condition
affecting one of the listed body systems [in paragraph (1)(i)],
i.e., 'neurological'." Indeed, the absence of traumatic brain
injury in paragraph (1) (iii) does not mean that it is not a
physical or mental impairment as defined by the Act. The list of
diseases and conditions in this paragraph is not an exhaustive
one; it merely provides examples of the broad range of
impairments included under the ADA.

I hope this information is helpful and dispels any concerns

that you may have.

Sincerely,

John L. Wodatch
Chief
 Public Acess Section

Enclosure
Title III Regulation

01-01763