194
Opinion of the Court
in accordance with pre-existing regulatory interpretations. Bragdon v. Abbott, 524 U. S. 624, 631 (1998); FDIC v. Philadelphia Gear Corp., 476 U. S. 426, 437-438 (1986); ICC v. Parker, 326 U. S. 60, 65 (1945). As we explained in Bragdon v. Abbott, supra, at 631, Congress did more in the ADA than suggest this construction; it adopted a specific statutory provision directing as follows:
"Except as otherwise provided in this chapter, nothing in this chapter shall be construed to apply a lesser standard than the standards applied under title V of the Rehabilitation Act of 1973 (29 U. S. C. 790 et seq.) or the regulations issued by Federal agencies pursuant to such title." 42 U. S. C. § 12201(a) (1994 ed.).
The persuasive authority of the EEOC regulations is less clear. As we have previously noted, see Sutton v. United Air Lines, Inc., 527 U. S. 471, 479 (1999), no agency has been given authority to issue regulations interpreting the term "disability" in the ADA. Nonetheless, the EEOC has done so. See 29 CFR §§ 1630.2(g)-( j) (2001). Because both parties accept the EEOC regulations as reasonable, we assume without deciding that they are, and we have no occasion to decide what level of deference, if any, they are due. See Sutton v. United Air Lines, Inc., supra, at 480; Albertson's, Inc. v. Kirkingburg, 527 U. S. 555, 563, n. 10 (1999).
To qualify as disabled under subsection (A) of the ADA's definition of disability, a claimant must initially prove that he or she has a physical or mental impairment. See 42 U. S. C. § 12102(2)(A). The Rehabilitation Act regulations issued by the Department of Health, Education, and Welfare (HEW) in 1977, which appear without change in the current regulations issued by the Department of Health and Human Services, define "physical impairment," the type of impairment relevant to this case, to mean "any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological;
Page: Index Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: October 4, 2007