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 > Title I Technical Assistance Manual
4. Flexible Leave Policies
Flexible Leave Policies
Flexible leave policies should be considered as a reasonable accommodation when people with disabilities require time off from work because of their disability...
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Links > News/Social Media
Emergency 2.0 Wiki Accessibility Toolkit
The Emergency 2.0 Wiki Accessibility Toolkit was developed to empower people with disabilities to use social media for disaster preparedness, response and recovery....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
C. Eligibility Criteria
House people with disabilities in mass care shelters. ...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
Need for and Benefits of the Proposed Standards
The prevalence of disability increases with age....
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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
Appendix A: References
Physical activity—Physical disabilities....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
4. The assessment of risk must be based on objective medical or other evidence related to a particular individual
It cannot be based on unfounded assumptions, fears, or stereotypes about the nature or effect of a disability or of disability generally....
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Additional Access Publications > Accessible Health Care Briefs: HEALTH CARE (Clinic/Outpatient) FACILITIES ACCESS
4. c. CUSTOMER SERVICE and COMMUNICATION and ACCESS
Challenges readers to be aware of the importance of using disability-neutral
terms. Details preferred language and gives reasons for the disability community's preferences....
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Federal Documents > Technical Assistance > Revised ADA Requirements: Ticket Sales
Ticket Transfers and Secondary Ticket Market
If venues permit patrons to give or sell their tickets to others, the same right must be extended to patrons with disabilities who hold tickets for accessible seats and to persons with disabilities...
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Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture (ANPRM)
vii. Ancillary equipment
Sliding boards or sheets and gait belts may assist in transfers of patients with disabilities to and from examination or treatment tables and chairs....
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Additional Access Publications > Health Access for Independent Living (HAIL) Fact Sheet: Working with Your Health Care Provider
Why Is Working with Your Provider Important?
Of course, people with disabilities do have specific health issues in addition to their general health care needs....
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Legal Documents > United States of America v. Humboldt County, California - Settlement Agreement
A. GENERAL NONDISCRIMINATION REQUIREMENTS
Humboldt County will not discriminate against individuals with a disability, and will not, based on disability:
Deny the benefits of its programs, services, and activities...
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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
The ADA and Its Integration Mandate
In 1990, Congress enacted the ADA “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” 4 In passing the ADA...
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Links > Publication
Accessible Shared Streets: Notable Practices and Considerations for Accommodating Pedestrians with Vision Disabilities
The guide includes a description of shared streets, an overview of vision disabilities and the strategies people with vision disabilities use to navigate in the public right-of-way....
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Federal Documents > Standards > 2010 ADA Standards
Clearances: ADA Standard Section 1003.3
Although the minimum width of the clear pier space is 60 inches (1525 mm), it is recommended that piers be wider than 60 inches (1525 mm) to improve the safety for persons with disabilities...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Examination Necessary for Reasonable Accommodation
Examination Necessary for Reasonable Accommodation
A medical examination may be required if an employee requests an accommodation on the basis of disability....
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
§ 36.105(d)(3)(iii)
(iii) In determining whether an individual has a disability under the “actual disability” or “record of” prongs of the definition of “disability,” the focus is on how a major life activity...
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Additional Access Publications > Tips for Emergency Use of Mobile Devices
Resources
Disaster Resources for People with Disabilities, Disability-related Organizations and Emergency Managers at http://www.jik.com/disaster.html
Mobile Apps Catalog at http://cacp.gatech.edu...
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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)
§ 35.108(d)(3)(iii)
(iii) In determining whether an individual has a disability under the “actual disability” or “record of” prongs of the definition of “disability,” the focus is on how a major life activity...
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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)
Section 36.203 Integrated Settings (Preamble, Section-by-Section Analysis)
For example, it would be a violation of this provision to require persons with mental disabilities to eat in the back room of a restaurant or to refuse to allow a person with a disability...
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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 36.203 Integrated Settings (Section-By-Section Analysis and Response to Comments)
For example, it would be a violation of this provision to require persons with mental disabilities to eat in the back room of a restaurant or to refuse to allow a person with a disability...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Employee Training
, including the proper and safe operation of any equipment used to accommodate passengers with a disability....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
Sec. 12208. Transvestites. [Section 509]
For the purposes of this chapter, the term "disabled" or "disability" shall not apply to an individual solely because that individual is a transvestite....
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State and Local Documents > Codes and Standards > 2022 California Standards
1.9.1 Division of the State Architect - Access Compliance.
buildings, facilities, site work and other improvements to which this code applies in compliance with state law to ensure that these improvements are accessible to and usable by persons with disabilities...