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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Products and Additional Resources > Products
Haws Barrier-Free Chilled Dual Wall Mount Fountain H1117.8
rectangular bowl is designed for extra durability and maintenance ease
Beautiful satin finish resists stains and corrosion
Model H1117.8 meets all current Federal Regulations for the disabled...
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Products and Additional Resources > Products
Haws Barrier-Free Chilled Wall Fountain H1107.8
easy with front access to valve adjustment and cartridge replacement
Beautiful satin finish resists stains and corrosion
Model H1107.8 meets all current Federal Regulations for the disabled...
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Products and Additional Resources > Products
Haws Barrier-Free Chilled Wall Mount Fountain H1001.8
prevents splashing, keeping the drinking area contained and clean
Beautiful satin finish resists stains and corrosion
Model H1001.8 meets all current Federal Regulations for the disabled...
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Products and Additional Resources > Products
Cybex Total Access Overhead Press Exercise Machine
Ability over disability.
Accommodates people of all abilities on the same gym floor....
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
Deny participation (Preamble, Section-by-Section Analysis)
Deny participation—Section 36.202(a) provides that it is discriminatory to deny a person with a disability the right to participate in or benefit from the goods, services, facilities, privileges...
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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)
E203.1 General
Agencies shall ensure that all functionality of ICT is accessible to and usable by individuals with disabilities, either directly or by supporting the use of assistive technology, and shall...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM
E203.1 General
Agencies shall ensure that all functionality of ICT is accessible to and usable by individuals with disabilities, either directly or by supporting the use of assistive technology, and shall...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)
Section 36.202(a) Deny participation (Section-By-Section Analysis and Response to Comments)
Deny participation -- Section 36.202(a) provides that it is discriminatory to deny a person with a disability the right to participate in or benefit from the goods, services, facilities,...
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Federal Documents > Technical Assistance > FCC Consumer Guide: Video Description
For more information
For more information
For more information about FCC programs to promote access for people with disabilities, visit the FCC's Disability Rights Office website at www.fcc.gov/encyclopedia...
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Federal Documents > Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines
§1193.23(b)(4)
(4) Making reasonable efforts to validate any unproven access solutions through testing with individuals with disabilities or with appropriate disability-related organizations that have...
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Products and Additional Resources > Products
Durateq® Stadium Captioning
Why Act Now
Why it is in your best interest to act now:
The Americans with Disabilities Act (ADA) requirements are sometimes difficult to interpret....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
7.9 Health Insurance and Other Employee Benefit Plans
An employer cannot deny insurance to an individual with a disability or subject an individual with a disability to different terms or conditions of insurance, based on disability alone,...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Some Examples of Alternative Test Formats and Accommodations
a disability;
Scheduling rest breaks for people with mental and other disabilities that require such relief;
Assuring that a test site is accessible to a person with a mobility...
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Additional Access Publications > Guidelines for Writing about People with Disabilities
4. However, always ask to find out an individual’s language preferences.
People with disabilities have different preferences when referring to their disability....
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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....