Exceptions that apply in all contexts
The regulations exclude persons with specific, listed sexual and psychological disorders. The list of sexual disorders includes transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, and other sexual behavior disorders. Listed psychological disorders include compulsive gambling, kleptomania, and pyromania.
This exclusion means that it is not against the law to take adverse action against a person - to exclude him or her from a program or activity, or otherwise give him or her less favorable treatment than others - because of one or more of the listed disorders. However, it is still unlawful to subject such a person to discrimination on the basis of a covered disability (such as a hearing impairment or learning disability), or on another prohibited basis, such as race or sex.
