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 > Accessible Information Exchange: Meeting on a Level Playing Field
Introduction
Introduction
Meetings between businesses and people with disabilities – whether related to researching customer preferences, developing a business education curriculum, or discovering...
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State and Local Documents > Codes and Standards > 2022 California Standards
2022 California Standards for Accessible Design Guide
Including selected excerpts from the Americans with Disabilities Act and Safe Harbor criteria
Effective January 1, 2023
Version 1.0
COMPILED and © 2023 by EVAN TERRY ASSOCIATES,...
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State and Local Documents > Codes and Standards > 2025 California Standards
2025 California Standards for Accessible Design Guide
Including selected excerpts from the Americans with Disabilities Act and Safe Harbor criteria
Effective January 1, 2026
Version 1.0
COMPILED and © 2025 by EVAN TERRY ASSOCIATES,...
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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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Links > General
BUY IT!
Partnership on Employment & Accessible Technology (PEAT), and helps ensure that the ICT you buy and implement works for everyone—including employees, job seekers, and customers with disabilities...
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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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Links > Publication
Effective Emergency Management: Making Improvements for Communities and People with Disabilities
Source: National Council on Disability
Document: HTML version; PDF (514 pages, 17.74 MB)
Publication Date: August 12, 2009
Executive Summary:
The challenges faced by people...
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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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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 > 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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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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State and Local Documents > Codes and Standards > 2025 California Standards
WHEELCHAIR
[ADA Title II §35.104] Wheelchair means a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or...
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State and Local Documents > Codes and Standards > 2022 California Standards
WHEELCHAIR
[ADA Title II §35.104] Wheelchair means a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or...
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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 > 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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State and Local Documents > Codes and Standards > 2022 California Standards
1. Public Rights-of-Way
From the Board’s website:
"“The Access Board is proud to issue these guidelines as a critical step toward equal access to the public right-of-way for people with disabilities in America...
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State and Local Documents > Codes and Standards > 2025 California Standards
1. Public Rights-of-Way
From the Board’s website:
"“The Access Board is proud to issue these guidelines as a critical step toward equal access to the public right-of-way for people with disabilities in America...
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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....