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
SafePath Courtedge™ Reducer Ramps
Proper installation of raised wood floors, especially in retrofit and replacement projects, are problematic when faced with interpreting federal and state ADA (Americans with Disabilities...
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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 > Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through May 2016)
§382.19(a)
(a) As a carrier, you must not refuse to provide transportation to a passenger with a disability on the basis of his or her disability, except as specifically permitted by this part....
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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(b)(1)(ii)
(ii) Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability....
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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(b)(1)(ii)
(ii) Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
C. Preparation – Advance Planning for Emergencies and Disasters
One good way to test your emergency management plan is to enlist people with disabilities to role-play during emergency simulations....
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Legal Documents > Metzler et al. v. Kaiser Foundation Health Plan, Inc. et al.
V. IMPROVED POLICIES, PROCEDURES, AND PROGRAMS AFFECTING ACCESS
vision disabilities, persons with developmental disabilities, or those with mobility disabilities) the Access Policy Work Group will first consult with individuals who are members or representatives...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
H. Transitions Back to the Community
Provide people with disabilities a reasonable amount of time and assistance to locate appropriate housing.Shelters provide temporary refuge during and after an emergency until people...
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Federal Documents > Technical Assistance > ADA Guide for Small Towns
Introduction
The Americans with Disabilities Act gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin...
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Federal Documents > Technical Assistance > An ADA Guide for Local Governments: Making Community Emergency Preparedness and Response Programs Accessible to People with Disabilities
PLANNING
If you are responsible for your community’s emergency planning or response activities, you should involve people with disabilities in identifying needs and evaluating effective emergency...
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Additional Access Publications > Testimony of John L. Wodatch Before the Foreign Relations Committee Of the United States Senate
Introductory Statements
I come before you this morning to urge you to support ratification of the Convention on the Rights of Persons with Disabilities....
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Legal Documents > United States of America v. Humboldt County, California - Consent Decree
A. GENERAL NONDISCRIMINATION REQUIREMENTS
Humboldt County will not discriminate against individuals with a disability, and will not, based on disability:
a. ...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-3.4300 Right to participate in the regular program
Even if a separate or special program for individuals with disabilities is offered, a public entity cannot deny a qualified individual with a disability participation in its regular program...
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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)
Prevention of fraud in purchase of accessible seating. (Section-by-Section Analysis)
Curbing fraud is a goal that public accommodations and individuals with disabilities share....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Section 37.173 Training
One of the best sources of information on how best to train personnel to interact appropriately with individuals with disabilities is the disability community itself....
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Federal Documents > Technical Assistance > Questions and Answers: The ADA and Persons with HIV/AIDS
Questions and Answers: The ADA and Persons with HIV/AIDS
Department of Justice
Civil Rights Division
Disability Rights Section
______________________________________________________________________________________________
Questions and...
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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)
§382.35(a)
(a) As a carrier, you must not require passengers with a disability to sign a release or waiver of liability in order to receive transportation or to receive services or accommodations for...
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State and Local Documents > Codes and Standards > Elimination of Architectural Barriers - TDLR Government Code, Chapter 469
Sec. 469.152(1)
(1) the waiver or modification would significantly impair the acquisition of goods and services by persons with disabilities or substantially reduce the potential for employment of persons...
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§35.140(a)
(a) No qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment under any service, program, or activity conducted by a public...
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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)
§ 35.140(a)
(a) No qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment under any service, program, or activity conducted by a public...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)
Congressional Findings of Discrimination
Congressional Findings of Discrimination
The Americans with Disabilities Act was enacted in 1990 by overwhelming bipartisan majorities in the House of Representatives (377 – 28) and in...
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Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.2(r) Direct Threat
For individuals with physical disabilities, the employer must identify the aspect of the disability that would pose the direct threat....