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.
-
Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
Consultation on auxiliary aid or service. (Section-by-Section Analysis)
A public accommodation should consult with the individual with a disability, wherever possible, to determine what auxiliary aid or service would provide effective communication. ...
-
State and Local Documents > Regulations > Passengers with Disabilities: A Summary of DOT Rule Title 14 CFR Part 382
Prohibition of Discriminatory Practices
◼ Airlines may not require advance notice that a person with a disability is traveling....
-
Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
In Closing
Because disability is usually not passed on from generation to generation, there is not a natural cultural transference about disability....
-
Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Title II Highlights (revised in 2008)
II. Overview of Requirements
State and local governments --
May not refuse to allow a person with a disability to participate in a service, program, or activity simply because the person has a disability....
-
Legal Documents > Reynoldson, Pixley, Whedbee v. City of Seattle - Class Action Complaint Regarding the Pedestrian Right of Way
PARTIES
Plaintiff Reynoldson has a mobility disability that substantially limits his ability to walk, and uses an electric wheelchair for mobility due to his disability....
-
Federal Documents > Technical Assistance > Fact Sheet on Obtaining and Using Employee Medical Information as Part of Emergency Evacuation Procedures
Introduction
emergency evacuation plan.(2)
Notice Concerning The Americans With Disabilities Act Amendments Act Of 2008
The Americans with Disabilities Act (ADA) Amendments Act of 2008 was signed...
-
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)(8) (Section-by-Section Analysis)
It prohibits overt denials of equal treatment of individuals with disabilities, or establishment of exclusive or segregative criteria that would bar individuals with disabilities from participation...
-
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(d) and §35.130(e) (Section-by-Section Analysis)
, i.e., in a setting that enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible, and that persons with disabilities must be provided the...
-
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)
§382.3 Assistive device
Assistive device means any piece of equipment that assists a passenger with a disability to cope with the effects of his or her disability....
-
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)
§382.157(a)
(a) For the purposes of this section, a disability-related complaint means a specific written expression of dissatisfaction received from, or submitted on behalf, of an individual with a...
-
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)(4)
(4) You must consult with organizations representing persons with disabilities in your home country when developing your training program and your policies and procedures....
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
7.3 Nondiscrimination in all Employment Practices
7.3 Nondiscrimination in all Employment Practices
The ADA prohibits discrimination against a qualified individual with a disability on the basis of disability in the following employment...
-
Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICAN AND THE CITY OF WAUKEGAN, ILLINOIS UNDER THE AMERICANS WITH DISABILITIES ACT
Attachment A
NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT
In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the City of Waukegan, Waukegan Illinois...
-
Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
SUMMARY
The NFPA Emergency Evacuation Planning Guide for People with Disabilities has been developed with input from NFPA’s Disability Access Review and Advisory Committee and others in the disability...
-
Federal Documents > Technical Assistance > The Americans with Disabilities Act and Other Federal Laws Protecting the Rights of Voters with Disabilities
TRAINING
TRAINING
Prior to Election Day or the beginning of early voting, election staff and volunteers receive training so they can appropriately interact with people with disabilities. ...
-
Federal Documents > Regulations > 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through Aug. 2015)
§27.7(b)(4)(i)
(i) That have the effect of subjecting qualified persons with a disability to discrimination on the basis of disability,...
-
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)(3)(i)
(i) That have the effect of subjecting qualified individuals with disabilities to discrimination on the basis of disability;...
-
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)(3)(i)
(i) That have the effect of subjecting qualified individuals with disabilities to discrimination on the basis of disability;...
-
Additional Access Publications > ADA For Lodging: Best Practices and Standards
Hospitality for All
People with disabilities, including veterans, comprise a large population in the United States....
-
State and Local Documents > Codes and Standards > 2022 California Standards
INTERNATIONAL SYMBOL OF ACCESSIBILITY
[DSA-AC] The symbol adopted by Rehabilitation International’s 11th World Congress for the purpose of indicating that buildings and facilities are accessible to persons with disabilities....
-
State and Local Documents > Codes and Standards > 2025 California Standards
INTERNATIONAL SYMBOL OF ACCESSIBILITY
[DSA-AC] The symbol adopted by Rehabilitation International’s 11th World Congress for the purpose of indicating that buildings and facilities are accessible to persons with disabilities....
-
Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
You must make available a Complaints Resolution Official (CRO) at the airport
You must make available a Complaints Resolution Official (CRO) at the airport – in person or by telephone or TTY -- to address disability-related complaints that arise during the travel...