Module 6 HR

For current employees, reasonable accommodation may include:

restructuring job duties; holding a job open for a reasonable period of time while the employee recovers, if it doesn't cause undue hardship for your business; reassigning a qualified employee to another vacant position; or limiting hours, altering the company's physical layout to provide access or providing adaptive equipment if reasonable.

"substantially limits

" means not "significant" or "severely restricting" but "important."

What Is A "Direct Threat" Under The ADA

"Direct threat" is defined by EEOC regulations as "a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation

Alcoholism, however, only qualifies as a disability if it

"substantially limits one or more major life activities

Failure to post a poster of the FMLA can result in a penalty of ____

$110

nearly 70% of such accommodations cost less than ________ per employee with a disability.

$500

A person who is regarded as having a disability may file discrimination complaints against an employer for any benefit other than

'reasonable accommodation

ADAAA)

ADA Amendments Act

What are the two laws that cover work-leave

Americans with disbilites ac family and medical leave act

Must an employer that provides an accommodation exceeding the ADA's requirements continue to do so?

No. At all times, an employer is only required to provide an effective reasonable accommodation to enable an individual with a disability to carry out the essential functions of the position.

Must an employer provide an individual with repeated chances to control a controllable disability?

No. If an employee cannot perform the essential functions of the position because of limitations caused by a controllable disability that the employee has not controlled sufficiently, the employer need not give the employee repeated opportunities to get the disability under control

Must an employer continue to pay the higher salary from an employee's original position if the employee is reassigned to a lower level position?

No. The employer does not have to maintain the higher salary unless it has a policy of doing so whenever any employee is transferred to a lower-level position

Must an employer eliminate or reassign an essential function of the position as a reasonable accommodation?

No. While reasonable accommodation frequently involves reallocating the marginal functions of a job, "[a]n employer does not have to eliminate an essential function" of a position as an accommodation.

When did the EEOC publish the ADAAA regulations?

On March 25, 2011 and took effect on may 24,2011

May an employer require an individual to take a psychological examination?

Only if the test is not "medical

How much work-leave must be given

There is no set amount of work-leave that the employer must grant. As with all accommodations, the amount of leave granted depends on the job and the disability and must be determined on an individual ba

Multiple impairments that combine to substantially limit one or more major life activities can also be a disability True or Flase

True

FMLA Only _________________________________l may contact the employee's health care provider to obtain clarification or authentication

a health care provider, human resources professional, leave administrator or management officia

The term mental illness is typically used in

a medical context to refer to a wide range of conditions related to emotional and mental health

An example of an interviewr clasifying someone as "regarding as"

a woman whose face is badly scarred from an automobile accident applies for a job as a customer service representative. She is highly qualified for the job, but the interviewer does not want to hire her because he thinks customers will be uncomfortable looking at her. She is not substantially limited in any major life activity, but the interviewer is "regarding her as" if she has a disability

How many adults report having had any mental health condition during the past year

about 44 million adults (over age 18)representing about 18.5% of the U.S. population.

Family and Medical Leave Act (FMLA)

applies to all government employers (local, state and federal) and to private businesses with 50 or more workers within 75 miles (with some exceptions).

Mishandling FMLAleave issues can give rise to lawsuits not only against the employer but ___________

but against an individual who made the wrong decision

Note that rehabilitated users of drugs are _______ under the statute, so the determination of whether someone currently uses drugs must be evaluated

covered

The ADAAA stated that

disability must be broadly defined to include more people. the law should focus on whether or not discrimination occurred and not on whether a person had a disability

Therefore, if an employee with asthma is substantially limited in the major life activity of breathing, that person is likely to be considered ________, even if he or she is otherwise unimpaired in other activities such as walking or running.

disable

if a person has an impairment that limits only one major life activity, it is sufficient to qualify that person as

disable

Mental impairments include

emotional or mental illness and can include certain learning disabilities or other conditions

An employee with an impairment that is episodic or in remission is considered to have a covered impairment if the impairment, when active, substantially limits one or more major life activities. an example

epilepsy, hypertension, multiple sclerosis, asthma and diabetes.

Current users of illegal drugs are expressly ________ from ADA

excluded

Employers are not required to supply personal items, such as _________________ for employees with disabilities

eyeglasses, wheelchairs, or hearing aids,

The term psychiatric disability is typically used

in a legal or policy context to refer to impairments covered under the ADA

• Examples of psychiatric diagnoses include

include anxiety disorder, depression, attention deficit/hyperactivity disorder (ADHD), bipolar disorder and schizophrenia

Your assessment must be made without regard to mitigating measures. An exception is made for

ordinary eyeglasses and contact lenses; however, employers may not screen out people with ordinary eyeglasses and contact lenses unless there is a business necessity

What is the most common types of disability covered under the ADA

psychiatric disability

However, if an employer needs to verify the need for a reasonable accommodation due to a disability that is not obvious, they are allowed to request medical documents related to the request for accommodation

true

If your business is covered under the ADA, you are required to post notices true or false

true

If you have a condition that fits the definition of disability when active, but is in remission (not active) or only happens now and then, you still have a disability under the ADA. If true give an example

true Ex cancer that is in remission or a seizure condition that produces only occasional seizures are both covered disabilities, even though they may not affect someone at all times.

may also obtain financial assistance from ________________perhaps from the employee being accommodated

vocational rehabilitation agencies, or, in undue hardship situations

FMLA When determining the number of employees, the employer must count

(1) full-time employees; (2) part-time employees; (3) employees on leave that are expected to return; (4) joint employees such as temporary employees.

Key employees

(the highest-paid 10% of the employer's employees within 75-mile radius May not be avaible for restoration of postion after leave

Under the ADA, you have a qualified disability if you:

1. Have a physical or mental impairment (illness, injury or other condition) that substantially limits one or more major life activities; 2. Have a record of such an impairment; or 3. Are regarded as having such an impairment.

compensatory and punitive damages 100-200 employees

100,000

compensatory and punitive damages 201-500 employees

200,000

Working, sleeping, concentrating, thinking and communicating were added to the other previously accepted major life activities by the

2008 amendments

Sitting, reaching and interacting with others were added by the

2011 regulations.

Data from an EEOC study indicates that only __________ of employees with disabilities need accommodations at the work site

22%

May an employer terminate an employee who requires leave beyond a companywide "no-fault" leave policy?

Again, the EEOC says "no

______________is covered as a disability if a person is still abusing alcohol, although it does not prohibit an employer from taking disciplinary action for unsatisfactory performance or failure to comply with company policy

Alcoholism

What should an employer do if an individual violates workplace conduct rules because of a failure to take prescribed medication properly?

An employer has the prerogative to enforce its workplace rules, even if the cause is a disability

Do workers have to provide medical information under the FMLA

An employer may (but does not have to) require the worker to certify the need for work-leave from a medical professional. The worker must be given at least 15 days to provide this medical information. This information must be kept private and in a separate file from other employment records

Application and interview:

During the hiring process, you may not ask if the applicant has a disability or about its nature or severity, unless the condition is obvious, like when an applicant wears a brace

Myth: Individuals with mental health conditions cannot work until they are completely recovered.

Fact: Workplace accommodations enable many with psychiatric disabilities to work effectively with their disability

In addition to state law, there are other laws providing protection to disabled individuals such as the federal __________

Rehabilitation Act of 1973 and Civil Rights Act of 1964.

Staying silent is not a lie

Remember: You are not lying if you choose not to come forward about your psychiatric disability when applying for a job

Must an employer allow an employee to work at home or "telecommute" as a reasonable accommodation where work on the premises is an essential function of the job

The EEOC says "yes," but only if this accommodation would be effective and would not impose an undue hardship upon the employer.

Must an employer provide a reasonable accommodation even though it conflicts with an employer's unilaterally imposed seniority system (i.e., a seniority system not imposed by a collective bargaining agreement)?

The Supreme Court has held that an employer "ordinarily" may refuse to make exceptions to its unilaterally imposed seniority system when asked to do so as a reasonable accommodation for a disabled employee.

The employee does not have to explicitly ask for FMLA leave

The employee does not have to explicitly ask for FMLA leave

Who is covered by the ADA

Title I of the ADA applies to all private employers with at least 15 employees and all public employers except the U.S. government

An employee terminated for misconduct before requesting an accommodation for a disability-caused limitation may not seek reinstatement as a purported reasonable accommodation.

Yes

Can An Employer Be Held Liable For Constructive Demotion If It Fails To Provide Reasonable Accommodation?

Yes, according to the Eighth Circuit

May an employer provide an accommodation that allows an employee to remain on the job instead of a requested leave?

Yes, except where the FMLA gives the employee the absolute right to a leave

. Must An Employer Provide A Reasonable Accommodation For An Employee Who Poses A Direct Threat?

Yes.

• Code of conduct

Employers aren't required to change a code of ethics or conduct in order to accommodate a worker with a psychiatric disability. But this code must be fairly and uniformly applied and cannot be applied differently to workers with psychiatric disabilities than to other workers.

Applicants and employees with psychiatric disabilities have two main rights under the ADA

First, they have a right to privacy. Except when asking for an accommodation, they can choose whether to tell the employer about their disability. Second, they have a right to a job accommodation unless this causes undue hardship for the employer.

Does an employee who has attempted to commit suicide pose a direct threat upon returning to work?

Generally, no.

The ADA's broader definition of disability allows an individual to qualify for protection under the law in one of three ways, namely that the individual:

Has a physical or mental impairment that substantially limits one or more of life's major activities; has a record of a physical or mental impairment that substantially limits one or more of life's major activities; is regarded as having a physical or mental impairment that substantially limits one or more of life's major activities; or is disabled by relationship or association

First, a person is protected as disabled if he or she has a physical or mental impairment that substantially limits one or more major life activities. In the ADA Amendments Act, Congress redefined these three components:

a physical or mental impairment; that substantially limits; one or more major life activities

According to EEOC regulations, reasonable accommodations include:

adjustments to the application process so an individual with a disability can be considered for a desired position; changes in the work environment or in how a job is performed so an individual with a disability can perform the essential functions of the job; or modifications that enable an employee with a disability to enjoy the same employment benefits and privileges as other employees.

List of major life activities

caring for oneself performing manual tasks seeing hearing eating sleeping walking standing lifting bending speaking breathing learning reading concentrating thinking communicating working sitting reaching interacting with others

Because the ADA is designed to eliminate discrimination based on stereotyping, misinformation and personal preference, Congress intended that the ADA:

enhance job opportunities, the availability of services and the overall quality of life for people with disabilities in the U.S.; and increase the pool of talented and qualified employees available to help businesses compete in today's demanding marketplace.

Major life activities also include the operation of major bodily functions such as

functions of the immune system normal cell growth digestive bowel bladder neurological brain respiratory circulatory endocrine reproductive functions special sense organs skin genitourinary hemic lymphatic musculoskeletal sex

You may be held legally responsible for employment discrimination, and could have to pay for both compensatory and punitive damages, if you or your HR professionals:

make an inappropriate inquiry about disability; fail to hire an otherwise qualified individual with a disability in order to avoid making a reasonable accommodation; or fail to make reasonable accommodation for an otherwise qualified individual with a disability unless the accommodation would create an undue hardship for your company (see page 12 for more information about reasonable accommodation).

When considering reasonable accommodations, you should keep in mind that they do not have to include

making adjustments or modifications to help a person with daily activities on and off the job, such as prosthetic limbs, wheelchairs, hearing aids, eyeglasses or personal care attendants; lowering quality or production standards; providing amenities or conveniences that aren't job-related and that you don't make available to employees without disabilities, such as private hot plates, microwave ovens or refrigerators; making accommodations for a person with a disability who is not otherwise qualified for the job; hiring or promoting an unqualified individual, regardless of disability; hiring or retaining a disabled individual who poses a direct threat to the safety or health of himself or herself or other employees or customers, unless the threat can be eliminated by reasonable accommodation; disrupting an established seniority system; creating a direct threat to the health and safety of the workplace; or creating a new job for a disabled individual.

When you evaluate whether an impairment substantially limits a major life function, you may not consider mitigating measures such as:

medication; assistive technology; behavioral modifications or accommodations; modifications, etc.

Title V also applies to the employment context by:

prohibiting coercion of or retaliation against an individual who asserts rights under the ADA; defining the relationship of the ADA to other federal and state laws; and clarifying that underwriting and risk classification practices are allowable if they are consistent with state law and not a subterfuge to evade the ADA's inten

, the employer must provide individual information to the employee requesting leave that may be covered by the FMLA

(1) an eligibility notice, which should be given at the start of the first leave taken in the leave year, and for each qualifying reason and within 5 business days of the request for leave absent extenuating circumstances; (2) a rights and responsibilities notice, which should be given with the eligibility notice and should state the employee's rights and obligations under the FMLA and any consequences the employee faces if he/she does not meet his/her obligations 3) a designation notice within 5 business days (barring extenuating circumstances) of receiving sufficient information to determine whether the leave request is protected by the Act

FMLA The employer should not count the following as employees:

(1) independent contractors; (2) employees working outside the United States or its territories; (3) employees hired or terminated during a calendar week for that week.

An employer has a legal obligation to initiate the interactive process if the employer:

(1) knows that the employee has a disability; (2) knows or has reason to know, that the employee is experiencing workplace problems because of the disability; (3) knows, or has reason to know, that the disability prevents the employee from requesting a reasonable accommodation.

"Intellectual impairment" is defined as a disability when

(1) the person's intellectual functioning level (IQ) is below 70-75; (2) the person has significant limitations in adaptive skill areas as expressed in conceptual, social, and practical adaptive skills, and (3) the disability originated before the age of 18

ADA specifically affects your hiring process

- Access - Testing Application and interview Decision not to hire

What are the Nine rules of construction to be used to determine if an impairment substantially limits a major life activity.

1. Standard is not demanding. 2. Look at whether the impairment substantially limits a major life activity as compared to most people in general population. Need not severely restrict. 3. Substantial impairment is not object of focus. No extensive analysis required. Focus is on whether discrimination occurred. 4. Individualized assessment is necessary, but standard is much lower than it used to be. 5. Comparison of limitation as compared to most people in general population will not need scientific analysis. 6. Do not consider corrective measures except eyeglasses or corrective lenses. 7. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. 8. Impairment need only limit one major life activity. 9. Impairment can last less than six months.

compensatory and punitive damages 501 +employees

300,000

compensatory and punitive damages 15-100 employees

50,000

If the FMLA is violated, the Act provides for two types of claims:

: (1) interference claims, which include interfering with or denying the employee's rights under the law; and (2) retaliation claims, which include actions taken against an employee for engaging in protected activities under

Must an employer hire a recovering drug addict or alcoholic

An employer may not discriminate against an individual who has completed a drug or alcohol rehabilitation program due to his or her status as a former drug addict or an alcoholic

May an employer require that an individual go to a health care professional of its choosing?

An employer may require an individual to go to a health care professional of the employer's choice only when the individual has provided insufficient medical documentation, such as a failure to specify the existence of an ADA disability and the need for reasonable accommodation

Remedies under the ada law

An injunction A restraining order -Compensatory and punitive damages -Court costs, attorney's fees and expert witness fees

Must an employer provide an individual with an accommodation to get to and/or from the workplace?

Arguably, no

Must an employer provide a reasonable accommodation even though it conflicts with a collective bargaining agreement

If accommodations required by the ADA conflict with a collective bargaining agreement, the terms of the collective bargaining agreement will be relevant in determining whether the proposed accommodation is not reasonable or causes undue hardship on the employer. Most courts hold that violation of the provisions of a collective bargaining agreement is not a reasonable accommodation:

What are the only employers who are not coverd besides by the ADA (Americans with Disabilities Act)

Indian tribes, the U.S. government, and tax exempt private membership clubs.

The ADAaa was amended effective ___________, via the ADA Amendments Act of 2008

January 1, 2009

May an employer deny a request for leave when the employee cannot provide a fixed date of return?

No, according to the EEOC, unless the employer can prove that granting the indefinite leave would result in an undue hardship

Must an employer hire or assign a helper as a reasonable accommodation?

No, to the extent that doing so would constitute a reallocation of an essential job function

May an employer claim an undue hardship where the reasonable accommodation would require alterations to others' property?

No, unless: -The contractual relationship between the employer and property owner requires the owner's consent to the changes involved; -The owner refuses to consent; and -The employer made a good faith effort to obtain the owner's permission.

Must an employer allow an employee to work at home or "telecommute" as a reasonable accommodation where the need to work at home arises from inconvenience in commuting?

No.

Must an employer lower production standards as a reasonable accommodation?

No. An employer is not "required to lower production standards - whether qualitative or quantitative - that are applied uniformly to employees with and without disabilities."

Must an employer create a new job as a reasonable accommodation?

No. An employer is not required to create a job, including a light-duty position, as a form of reasonable accommodation

Must an employer ensure that individuals take their medication as prescribed?

No. An employer is not under any obligation to monitor medication or to monitor an employee's medical treatment

Must an employer provide a "second chance" as an accommodation for an individual who engaged in misconduct?

No. An employer may discipline an employee with a disability for engaging in conduct which violates a workplace rule that is job-related and consistent with business necessity, so long as the employer would discipline any other non-disabled employee for similar conduc

May an employer require an individual to accept a reasonable accommodation?

No. An employer may not require a qualified individual with a disability to accept an accommodation. If, however, the individual refuses a reasonable accommodation needed to perform an essential function of the job or to eliminate a direct threat, the individual may no longer be qualified for the job

Does an employer's obligation end after it determines that one particular accommodation poses an undue hardship?

No. An employer must consider alternative accommodations if one form of accommodation poses an undue hardship

Must an employer provide paid leave as a reasonable accommodation?

Only to the extent paid leave is provided to non-disabled employees or is required by the FMLA.2

Must an employer continue to provide additional accommodations upon an individual's request

Possibly. A qualified individual with a disability is entitled to any and all reasonable accommodations that are necessitated by limitations caused by the disability and that will provide an equal employment opportunity

RODNEY JONES, Plaintiff-Appellant, v. GULF COAST HEALTH CARE OF DELAWARE, LLC, a Foreign Limited Liability Corporation dba Accentia Health and Rehabilitation Center of Tampa Bay, Defendant-Appellee

Rod is suing bc he had taking leave for surgey he had -his employer supended him then later fired him Before taking leave he ask if he can returen on light duty but manager refuesed Rod went on many trips during his leave -jan came by and he providd a not stating that he can come back and his manager showed him the pictures rod posted on social mediia of his trips In February 2016, the district court granted Accentia's motion for summary judgment, holding that Jones had failed to establish a prima facie case of either interference or retaliation under the FMLA. This timely appeal followed. To establish a prima facie case for interference, Jones needed to "demonstrate by a preponderance of the evidence that he was entitled to the benefit denied For all of the reasons set forth above, we AFFIRM the judgment of the court with respect to Jones's interference claim, but REVERSE the judgment with respect to his retaliation claim and REMAND the case for further proceedings consistent with this opinion

How much must an employer spend on an accommodation?

The ADA does not set spending limits for accommodations. As long as it does not cause undue hardship

May an employer compare the individual's salary to the cost of the accommodation to determine whether the accommodation poses an undue hardship?

The answer is "no," according to the EEOC.

Does an individual pose a direct threat if a degenerative disease creates the potential for future harm

The answer is unclear. However, it is unlikely that courts would view favorably actions by employers based on concerns that a disability might cause a threat in the future.

________process is at the heart of the ADA

The interactive

The employee's needs and desires are identified in an

The interactive process

When requesting for accomadations and have to disclose information but ___

This information cannot be shared with managers or co-workers.

How long must an individual's medical records be retained?

Under the ADA, all employment records, "including records of requests for reasonable accommodation," must be kept for at least one year from the date of the creation of the record, or from "the date of the personnel action involved, whichever occurs later."

KIRSTEN WILLIAMS, v.AT&T MOBILITY SERVICES LLC,

Williams was a woked for At&t and suffered from depression and aniexity attaks. this caused her to miss work frequently . At&T terminated williams for job abandonment and for violating the company's attendance policy. The district court ruled that Williams was not qualified for her job as a CSR because she could not perform the essential function of attending work regularly and punctually Without an accommodation, Williams was unqualified for her position because of her excessive absenteeism courts conclude that Williams was not qualified as a matter of law, AT$T won

May an employer that reasonably accommodates an employee by restructuring a job to eliminate some marginal functions require the employee to take on other marginal functions?

Yes

Must an employer provide a job reassignment as a reasonable accommodation?

Yes, reassignment to a vacant position for which the employee is qualified should be provided to employees who can no longer perform the essential functions of the present job, with or without reasonable accommodation.

Do workers have a right to work-leave under the ADA?

Yes.

Must an employer provide a job coach as a reasonable accommodation

Yes.

Must an employer provide a reasonable accommodation due to the side effects of medication or other symptoms of an underlying disability?

Yes. "Reasonable accommodation extends to all limitations resulting from a disability

. Must an employer provide training on the job as a reasonable accommodation?

Yes. In the absence of undue hardship, an employer must provide additional training in order to assist a qualified individual in performing his or her job or to enjoy the benefits and privileges of employment.

Must an employer consider outside funding sources when assessing whether an accommodation poses an undue hardship?

Yes. Undue hardship is determined based on the net cost to the employer.

restraining order

a court could forbid you from taking action that may be discriminatory, such as firing an employee instead of making reasonable accommodation

An injunction

a court could order you to provide auxiliary aids or services, modify existing policies, practices or procedures, or make facilities accessible

the EEOC developed a list of impairments that will almost always be considered disabling which are

deafness, blindness, intellectual disability, missing limbs or mobility impairments requiring the use of a wheelchair, autism, cancer, cerebral palsy, diabetes, epilepsy, HIV, multiple sclerosis, muscular dystrophy, major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive-compulsive disorder and schizophrenia

Normal pregnancies are not disabilities under the ADA, but pregnancy-related impairments like

gestational carpal tunnel, diabetes, sciatica or edema may be disabilities given the definition under the ADAAA

"A person who is an alcoholic is an

individual with a disability' under the ADA

Who is protected under the ADA?

individuals must have all relevant certifications, education and experience as well as be able to perform the essential functions of the job they hold or seek, with or without reasonable accommodation

Use work-leave as the _______ accommodation option, not the ______

last not the first

While on leave, workers' jobs must be

left open and their benefits (such as health insurance coverage) must be continued.

Over the next 15 years, court decisions gradually narrowed the definition of disability. What did this do?

made it harder for employees with disabilities to win discrimination claims against their employers

The essential functions of a job are those

necessary for accomplishing the job's purpose and are not marginal or peripheral

The only time employers can consider mitigating measures is when they create

negative effects

Physical impairments can range from

neurological or respiratory conditions to cosmetic disfigurements or anatomical losses

Do NOT request certification for _______ leave, but do request certification for other types of leave

new child leave

does needing ordinary eyeglasses or contact lenses qualify someone as having disbility under the ADA

no

is someone with a broken wrist who will fully recover after six weeks consider as a having a disability

no

does a employer have to accomadte an employee by switching supervisors

no, but they may require the supervisor switch there structure

prohibited discrimination ADA

not making reasonable accommodation for the disability of the qualified employee, unless such accommodation would impose an "undue hardship" on the employer

Congress explicitly stated that

physical and mental disabilities in no way diminish a person's right to fully participate in all aspects of society, but that people with physical or mental disabilities are frequently precluded from doing so because of prejudice, antiquated attitudes or the failure to remove societal and institutional barriers.

One change that the 2011 regulations made was to give those with a record of disability the right to get

reasonable accommodation

where shuld you keep sensitive medical information (either doctor's notes, notes from the employee describing his or her condition, or examination results

should keep it in a separate file in a secure file cabinet to avoid any access of that information by anyone else

• Even if you use medications, tools, or other therapies that improve your symptoms, you still have a disability according to the ADA For example _____

someone with diableties

Your business may be eligible for _________ that can help ease the financial impact of an accommodation

tax credits

An employer cannot be held liable under the ADA where the employee or applicant refuses to engage in

the interactive process:

criteriaa for undue hardship in ADA

the nature and cost of the accommodation, the financial resources of the employer, or the impact of such accommodation on the financial resources of the employer

An employer is required "________________" when necessary to determine how an employee's disability limits her ability to work and to identify appropriate reasonable accommodations

to initiate an informal, interactive process

How much leave can workers take under FMLA?

• Twelve weeks of leave in a 12-month period for: o The birth, adoption, or foster care of a child. o The worker's own serious health condition. o The care of a spouse, child or parent with a serious health condition. o Dealing with the military deployment of the employee's spouse, son, daughter or paren • Twenty-six weeks of leave in a single 12-month period to care for a service member with a serious service-connected injury or illness

Conditions that are not covered by the ADA

•Homosexuality and bisexuality. •Compulsive gambling. •Kleptomania. •Pyromania. Transvestism. •Transexualism. •Exhibitionism. •Pedophilia. • Voyeurism. • Gender identity disorders not resulting from physical impairments. • Sexual behavior disorders. • Physical characteristics (eye color, hair color, left-handedness, etc.). • Common personality traits (you're a grumpy old man) • Psychoactive substance use disorders resulting from current illegal use of drugs • The current illegal use of drugs • Pregnancy • Left-handedness