The Employment Discrimination Against Disabled Persons Act defines “disability” as a physical or mental impairment that substantially limits at least one of the major life activities of the individual, a record of such an impairment, or being regarded as having such an impairment. The Indiana Civil Rights Commission excludes the following from its definition of "disability":
• Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders
• Compulsive gambling, kleptomania, or pyromania
• Psychoactive substance use disorders resulting from current illegal use of drugs (910 IN Admin. Code Sec. 3-2-4)
A "qualified person with a disability" is an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires (IN Code Sec. 22-9-5-16). Consideration is given to the employer's judgment of the essential functions of the job, and employers are advised to prepare and maintain a job description that accurately reflects the essential functions of each job.
Reasonable accommodation. Employers with 15 or more employees are required to make reasonable ...