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 > ADA Title II Action Guide for State and Local Governments
Exclusions
The following are excluded from the definition of disability: transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments...
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Federal Documents > Technical Assistance > Gathering Input from Customers with Disabilities
Gathering Input from Customers with Disabilities
Department of Justice
Civil Rights Division
Disability Rights Section
Gathering Input from Customers with Disabilities...
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Federal Documents > Preamble to Regulations > 28 CFR Part 35, Appendix B: 1991 ADA Title II Regulations Preamble and Section-by-Section Analysis
‘‘Disability.’’
‘‘Disability.’’ The definition of the term ‘‘disability’’ is the same as the definition in the title III regulation codified at 28 CFR part 36....
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Chapter 2: Putting the ADA on the Legislative Agenda: The National Council on Disability
Putting the ADA on the Legislative Agenda: The National Council on Disability
When Senator Lowell P. Weicker, Jr....
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Webinars, Videos, and Training > Spirit of the ADA
The Disability Conversation | Ben Myers | TEDxOStateU
Ben Myers talks about the importance of disability advocacy at the TEDxOStateU 2015 event at the Oklahoma State University campus on April 10, 2015....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
If Passenger with a Disability Requests Private Screening
If Passenger with a Disability Requests Private Screening
You must not require a private security screening for a passenger with a disability for any reason different from the reasons...
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Federal Documents > Technical Assistance > Expanding Your Market: Accessible Customer Service Practices for Hotel and Lodging Guests with Disabilities
Customer Service Issues for People with Disabilities
Poor customer service can ruin the stay of a guest with disabilities, even if the hotel facility itself is fully accessible....
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Webinars, Videos, and Training > Spirit of the ADA
What is Disability
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Research and History > Research Documents > Anthropometry of Wheeled Mobility Project: Final Report
3.2 Comparison of Sub-samples across Data Collection Sites
Not unexpectedly, large differences in WhMD users in terms of gender, age, years with disability and device type used were found (Table 3‒2)....
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
41. May an employer ask whether a reasonable accommodation is needed when an employee with a disability has not asked for one?
An employer may ask an employee with a known disability whether s/he needs a reasonable accommodation when it reasonably believes that the employee may need an accommodation....
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Webinars, Videos, and Training > Spirit of the ADA
The Gold Standard Community For Persons With Developmental Disabilities | John Fahrenbach | TEDxLFHS
How can we give back and best serve persons with developmental disabilities? Student John Fahrenbach explores the options and searches for the "gold standard" community....
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Webinars, Videos, and Training > Spirit of the ADA
The Beauty of Disability - Shelley Baer - TEDxMIA
Baer educates audiences about disabled women, body image and sexuality, and is expanding her voice as a woman with a disability to reframe society's narrow definitions of self-esteem and...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
2. May someone other than the individual with a disability request a reasonable accommodation on behalf of the individual?
Yes, a family member, friend, health professional, or other representative may request a reasonable accommodation on behalf of an individual with a disability.(21) Of course, the individual...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
7.4 Nondiscrimination and Relationship or Association with an Individual with a Disability
opportunity or benefit to an individual, whether or not that individual is disabled, because that individual has a known relationship or association with an individual who has a disability...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
The Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990
The ADA is built upon the foundation laid by Section 504 of the Rehabilitation Act....
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
The ADA Amendments Act of 2008
Amendments Act of 2008
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9/25/2008
The ADA Amendments Act of 2008 makes important changes to the definition of the term “disability...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual - 1994 Supplement
II-3.3000 Equality in participation/benefits.
Finally, the ADA permits a public entity to offer benefits to individuals with disabilities, or a particular class of individuals with disabilities, that it does not offer to individuals...
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
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...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
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...
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Federal Documents > Technical Assistance > Examples and Resources to Support Criminal Justice Entities in Compliance with Title II of the ADA
Make reasonable modifications in policies, practices, or procedures when necessary to avoid disability discrimination in all interactions with people with mental health disabilities or I/DD
Make reasonable modifications in policies, practices, or procedures when necessary to avoid disability discrimination in all interactions with people with mental health disabilities...
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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)
382.35 May carriers require passengers with a disability to sign waivers or releases?
382.35 May carriers require passengers with a disability to sign waivers or releases?...
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Additional Access Publications > Serving People with Disabilities in the Most Integrated Setting: Community Living and Olmstead
Serving People with Disabilities in the Most Integrated Setting: Community Living and Olmstead
(Olmstead) found the unjustified segregation of people with disabilities is a form of unlawful discrimination under the Americans with Disabilities Act (ADA). The U.S....
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Webinars, Videos, and Training > Spirit of the ADA
411 Disability Disclosure (Full Version)
Published on Sep 26, 2012
Youth with disabilities discuss how the decisions to disclose their disabilities have affected them at school, at work, and in social situations....
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Additional Access Publications > Emergency Health Information
About the Sponsor
Increasing the number of qualified individuals with disabilities who pursue careers in the health professions....