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 > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.127(d)
(d) With respect to visitors with disabilities who do not present such documentation, the public entity may require the documentation of the individual's place of residence and, if the individual's...
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Federal Documents > Technical Assistance > Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act
3. Q: What are the basic requirements of title III?
A: The ADA requires that child care providers not discriminate against persons with disabilities on the basis of disability, that is, that they provide children and parents with disabilities...
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
E. EXPERT TESTIMONY
Mastin is a licensed architect and was received by the Court as an expert in architecture, construction, disability access, program access for mobility disabled persons, ADA transition plans...
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Federal Documents > Technical Assistance > Questions and Answers: The ADA and Persons with HIV/AIDS
What obligations does an employer have to provide health insurance to employees with HIV or AIDS?
companies that discriminate on the basis of disability....
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Federal Documents > Technical Assistance > FCC Consumer Guide: Video Relay Services
For more information
For more information about TRS, VRS or IP Relay, or to learn more about FCC programs to promote access to telecommunications services for people with disabilities, visit the FCC's Disability...
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Links > Federal Department or Agency
DOE Frequently Asked Questions About the June 29, 2010, Dear Colleague Letter (May 26, 2011)
Asked Questions About the June 29, 2010, Dear Colleague Letter1
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Links > Employment
Job Accommodation Network (JAN) Multimedia Training Microsite
The JAN Multimedia Training Microsite provides training resources for JAN's users. These materials may be used in group training or by individuals. They may easily be incorporated...
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Links > Employment
USA Jobs
USAJOBS.gov is a free web-based job board enabling federal job seekers access to thousands of job opportunities across hundreds of federal agencies and organizations, allowing...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
A. Providing Equally Effective Communication
Simply put, “effective communication” means that whatever is written or spoken must be as clear and understandable to people with disabilities as it is for people who do not have disabilities...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
5.4 Recruitment
It does not require employers to undertake special activities to recruit people with disabilities....
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Federal Documents > Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through May 2016)
§382.141(a)(2)
(2) You must also train such employees with respect to awareness and appropriate responses to passengers with a disability, including persons with physical, sensory, mental, and emotional...
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Federal Documents > Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through May 2016)
§382.87(a)
(a) As a carrier, you must not exclude any passenger with a disability from any seat or require that a passenger with a disability sit in any particular seat, on the basis of disability,...
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Federal Documents > Technical Assistance > Creating Equal Opportunities for Children and Youth with Disabilities to Participate in Physical Education and Extracurricular Activities
EQUIPMENT
Appropriate equipment can help children and youth with disabilities participate in appropriate physical activity....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Temporary Impairments
Temporary Impairments
Employers frequently ask whether "temporary disabilities" are covered by the ADA....
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Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
M101.1 Purpose (Section-by-Section Analysis)
to provide patients with disabilities independent access to and use of diagnostic equipment to the maximum extent possible....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
A. Advance Planning
During emergencies and disasters, people with disabilities sometimes have different, disability-related needs than other individuals....
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Federal Documents > Technical Assistance > Questions and Answers: The ADA and Persons with HIV/AIDS
When is an employer required to make a reasonable accommodation?
An employer is only required to accommodate a “known” disability of a qualified applicant or employee....
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Federal Documents > Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines
1193.23(b)(4) (Advisory Guidance)
Manufacturers must consider how they can make reasonable efforts to validate any unproven access solutions through testing with individuals with disabilities or with appropriate disability-related...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
2. Business Necessity
Under the ADA, as under the Rehabilitation Act:
If a test or other selection criterion excludes an individual with a disability because of the disability and does not relate to the essential...
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
Chapter 1 GENERAL INFORMATION
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7.3 million Americans have visual disabilities.
20.6 million Americans have limited mobility....
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Federal Documents > Technical Assistance > Protecting the Rights of Parents and Prospective Parents with Disabilities: Technical Assistance for State and Local Child Welfare Agencies and Courts
Need for This Technical Assistance
.5 The investigation arose from a complaint that a mother with a developmental disability was subject to discrimination on the basis of her disability because the State did not provide...
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Federal Documents > Standards > 36 CFR Part 1194 - Information and Communication Technology (ICT) Final Standards and Guidelines (with amendments issued through Jan. 2018)
E203.2 User Needs
When agencies procure, develop, maintain or use ICT they shall identify the needs of users with disabilities to determine:
A....
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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)(1)(iv)
(iv) Provide different or separate aids, benefits, or services to individuals with disabilities or to any class of individuals with disabilities than is provided to others unless such action...
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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)
§ 35.130(b)(1)(iv)
(iv) Provide different or separate aids, benefits, or services to individuals with disabilities or to any class of individuals with disabilities than is provided to others unless such action...