Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
2.9 Conditions Not Considered Disabilities.
Examples of such conditions include:
1. 28 CFR § 35.104. Sexual behavior disorders;
2. 28 CFR § 35.104. Compulsive gambling, kleptomania, and pyromania;
3. 28 CFR § 35.104. Psychoactive substance use disorders resulting from current illegal use of drugs; and
4. 28 CFR § 35.132. Appendix A to 28 CFR part 35: Sensitivity to Tobacco Smoke.3
3 DOJ has declined to state categorically that an allergy or sensitivity to cigarette smoke is a disability because the determination as to whether an impairment is a disability depends on whether, given the particular circumstances at issue, the impairment substantially limits one or more major life activities (or there is a history of or is regarded as having such an effect).
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