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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Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
Accommodating Employees with Hearing Disabilities
with disabilities to enjoy equal employment opportunities unless doing so would be an undue hardship (that is, a significant difficulty or expense)....
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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)
§35.130(b) (Section-by-Section Analysis)
Paragraph (b) prohibits overt denials of equal treatment of individuals with disabilities....
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Office of Disability Employment Policy
Office of Disability Employment Policy
________________________________________________________________
2001
Following a 1999 recommendation from the Presidential Task Force on...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
You must allow service animals to accompany passengers with disabilities in the cabin
You must allow service animals to accompany passengers with disabilities in the cabin consistent with FAA safety requirements....
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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)
§ 35.101(b) Broad coverage
The primary purpose of the ADA Amendments Act is to make it easier for people with disabilities to obtain protection under the ADA....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
How do I assist a passenger with a disability?
How do I assist a passenger with a disability? Ask the passenger how you can best assist him or her....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.3(a)
(a) The terms disability and qualified individual with a disability do not include individuals currently engaging in the illegal use of drugs, when the covered entity acts on the basis of...
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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(a)
(a) The terms disability and qualified individual with a disability do not include individuals currently engaging in the illegal use of drugs, when the covered entity acts on the basis of...
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Olmstead Decision
L.C. decision, which declares segregation of people with disabilities, when integrated, community-based settings are an option, a form of discrimination under the Americans with Disabilities...
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Federal Documents > Technical Assistance > Statement of the Department of Justice on Application of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. to State and Local Governments’ Employment Service Systems for Individuals with Disabilities
4. What evidence may a person with a disability rely on to establish that an integrated setting is appropriate for him or her?
First policies that instruct states’ disability service systems to prioritize supports in competitive integrated employment for individuals with disabilities.25 Such policies frequently...
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Webinars, Videos, and Training > Design Solution
Accessible Pittsburgh: Disability Mentoring Day
Published on June 4, 2015
Updated video on Disability Mentoring Day...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
b. A Qualified Person with a Disability
A person with a disability must also qualify for protection under the ADA....
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Federal Documents > Regulations > 24 CFR Part 100—Fair Housing Accessibility Guidelines
Section 2. Handicap
and lymphatic; skin; and endocrine: or
(2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities...
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Federal Documents > Regulations > 24 CFR Part 100—Discriminatory Conduct Under the Fair Housing Act (with amendments issued through Sept. 2016)
§100.201 Handicap
and lymphatic; skin; and endocrine; or
(2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
32. If an employer has provided one reasonable accommodation, does it have to provide additional reasonable accommodations requested by an individual with a disability?
If an individual requests multiple reasonable accommodations, s/he is entitled only to those accommodations that are necessitated by a disability and that will provide an equal employment...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Toward Independence and The ICD Survey of Disabled Americans
One of them was “Unified disability laws including civil rights.”...
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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)
§1630.2(g)(3)
is not challenging a covered entity's failure to make reasonable accommodations and does not require a reasonable accommodation, it is generally unnecessary to proceed under the “actual disability...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-3.3000 Equality in participation/benefits
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Tips for Assisting People Who Are Blind or Visually-Impaired
In addition, be aware that your carrier may provide additional training to educate you about the different types of disabilities in order to enhance your ability to accommodate passengers...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
3.7 How Does an Employer Determine What Is a Reasonable Accommodation?
Frequently, the individual with a disability can suggest a simple change or adjustment, based on his or her life or work experience....
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Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.39 Private education.
[45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000]
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Security Screening for Passenger with a Disability Same as for Other Passengers
Security Screening for Passenger with a Disability Same as for Other Passengers
You must undertake a security screening of a passenger with a disability in the same manner as any other...
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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)
382.93 Must carriers offer preboarding to passengers with a disability?
382.93 Must carriers offer preboarding to passengers with a disability?...
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Federal Documents > Technical Assistance > QUESTIONS AND ANSWERS: THE AMERICANS WITH DISABILITIES ACT AND HIRING POLICE OFFICERS
6. Q: Can I refuse to consider an applicant because of his current use of illegal drugs?
A: Yes, individuals who currently engage in the illegal use of drugs are specifically excluded from the definition of an "individual with a disability" when an employer takes action on the...