2010 ADA Definition
Disability: Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.
(1) The phrase physical or mental impairment means – (i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; (ii) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; (iii) The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism; (iv) The phrase physical or mental impairment does not include homosexuality or bisexuality.
(2) The phrase major life activities means functions such as caring for one´s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(3) The phrase has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
(4) The phrase is regarded as having an impairment means – (i) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a private entity as constituting such a limitation; (ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by a private entity as having such an impairment.
(5) The term disability does not include – (i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (ii) Compulsive gambling, kleptomania, or pyromania; or (iii) Psychoactive substance use disorders resulting from current illegal use of drugs.
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Additional Access Publications > A Guide to Planning Accessible Meetings
A Note on Language and Terms
People with disabilities, disability rights activists, service providers, health care providers, writers, reporters, editors, educators and supporters must become aware of the power of language...
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Federal Documents > Preamble to Guidelines > 24 CFR Part 100—Fair Housing Accessibility Guidelines, Preamble
Handicap
Several commenters requested that the Department avoid use of the terms "handicap" and "handicapped persons", and replace them with the terms "disability" and "persons with disabilities"...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Seating Accommodations for Passengers with a Disability Other than one of the Four Types Listed Above
Seating Accommodations for Passengers with a Disability Other than one of the Four Types Listed Above
Passengers with a disability – other than the types of passengers with a disability...
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Federal Documents > Preamble to Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)
382.113 What services are carriers not required to provide to passengers with a disability on board the aircraft?
382.113 What services are carriers not required to provide to passengers with a disability on board the aircraft?...
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Additional Access Publications > Providing Health Care for People with Disabilities: Competency Planning Checklists
Attitudes
We use disability respectful and neutral language to avoid terms and words that may be offensive or outdated....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.3(d)
(d) Disability does not include:...
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Federal Documents > Regulations > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§1630.3(d)
(d) Disability does not include:...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Integration of inmates and detainees with disabilities. (Section-by-Section Analysis)
Section 35.152(b)(2) would require public entities to ensure that inmates or detainees with disabilities are housed in the most integrated setting appropriate to the needs of the individual...
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Webinars, Videos, and Training > Spirit of the ADA
Reimagining Housing for Adults with Developmental Disabilities | David Buuck | TEDxFortWayne
This is the number one question that parents of adult children with developmental and intellectual disabilities ask themselves....
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Additional Access Publications > Emergency Evacuation Preparedness: Taking Responsibility For Your Safety A Guide For People with Disabilities and Other Activity Limitations
Evaluate Your Need to Identify as Someone Who Requires Assistance During an Evacuation
There are many people, including those who identify and those who do not identify as having a disability or who have no visible disability, who may also need assistance. ...
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Additional Access Publications > A Guide to Planning Accessible Meetings
The Market Case for Accessible Events, Meetings and Conferences
Americans with Disabilities: 57.6 Million
According to the U.S....
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Federal Documents > Preamble to Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)
382.31 May carriers impose special charges on passengers with a disability for providing services and accommodations required by this rule?
382.31 May carriers impose special charges on passengers with a disability for providing services and accommodations required by this rule?...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
1. Who is Covered?
The first and most obvious requirement is that a person must have a disability....
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-4.1300 Unnecessary inquiries
The ADA prohibits unnecessary inquiries into the existence of a disability....
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
§ 36.105(a)(2)(ii)
(ii) An individual may establish coverage under any one or more of the three prongs of the definition of “disability” in paragraph (a)(1) of this section, the “actual disability” prong in...
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
§ 35.108(a)(2)(ii)
(ii) An individual may establish coverage under any one or more of the three prongs of the definition of “disability” in paragraph (a)(1) of this section, the “actual disability” prong in...
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
Integration of inmates and detainees with disabilities. (Section-by-Section Analysis)
Integration of inmates and detainees with disabilities....
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
I. Executive Summary
Summary of Key Provisions of the Act and Rule
The ADA Amendments Act made important changes to the meaning and interpretation of the term ‘‘disability’’ in the ADA in order to effectuate...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
Disability
Disability. The definition of disability can be found at §36.105....
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
Disability
Disability. The definition of disability can be found at §35.108....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Inquiries About Attendance
Inquiries About Attendance
An interviewer may not ask whether an applicant will need or request leave for medical treatment or for other reasons related to a disability....
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-2.7000 Exclusions
The following conditions are specifically excluded from the definition of "disability": transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
3.6 Who Is Entitled to a Reasonable Accommodation?
As detailed in Chapter II, an individual is entitled to a reasonable accommodation if s/he:
meets the ADA definition of "a qualified individual with a disability" (meets all prerequisites...
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Americans with Disabilities Act
Americans with Disabilities Act
________________________________________________________________
7/26/1990
President George H. W....