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 > 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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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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Federal Documents > Technical Assistance > Questions and Answers: The ADA and Persons with HIV/AIDS
What is the ADA?
The Americans with Disabilities Act (ADA) gives federal civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex...
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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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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 > 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 > ADA Best Practices Tool Kit for State and Local Governments
I. Steps to Ensure Access for All in Emergencies and Disasters
Advance Planning: On an on-going basis, seek and use input from people with different types of disabilities (i.e., mobility, vision, hearing, cognitive, psychiatric, and other disabilities...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Qualifications
Knowledge of the ADA Experience with people with a broad range of disabilities....
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Federal Documents > Regulations > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§1630.10(a) In general
It is unlawful for a covered entity to use qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.29(c)
(c) Private entities providing taxi service shall not discriminate against individuals with disabilities by actions including, but not limited to, refusing to provide service to individuals...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
7.12 Nondiscrimination in Other Benefits and Privileges of Employment
However, an employer would not have to eliminate facilities provided for employees because a disabled employee cannot use certain equipment or amenities because of his/her 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)
§382.11(a)(1)
(1) You must not discriminate against any qualified individual with a disability, by reason of such disability, in the provision of air transportation;...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12211(a) Homosexuality and Bisexuality
.-- For purposes of the definition of disability in section 3(2), homosexuality and bisexuality are not impairments and as such are not disabilities under this Act....
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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)
§382.43(c)(2)
(2) Your primary Web site must be tested in consultation with individuals with disabilities or members of disability organization(s) who use or want to use carrier Web sites to research...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
The Rehabilitation Act of 1973
The Rehabilitation Act of 1973
Broader than any disability law that came before it, Section 504 of the Rehabilitation Act made it illegal for the federal government, federal contractors...
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Federal Documents > Regulations > 14 CFR Parts 382 and 399; 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Air Travel: Accessibility of Web Sites and Automated Kiosks at U.S. Airports
§ 382.43(c)(2)
(2) Your primary Web site must be tested in consultation with individuals with disabilities or members of disability organization(s) who use or want to use carrier Web sites to research...
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-3.3000 Equality in participation/benefits
ADA mandates an equal opportunity to participate in or benefit from the goods and services offered by a place of public accommodation, but does not guarantee that an individual with a disability...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Integration
A primary goal of the ADA is the equal participation and integration of people with disabilities in the mainstream of American life....