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.
-
Federal Documents > Technical Assistance > FCC Consumer Guide: Telecommunications Access for People with Disabilities
Identifying access needs
For example:
When conducting market research, product design, testing, pilot demonstrations and product trials, companies should include individuals with disabilities in target...
-
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 36.101 Purpose (Preamble, Section-by-Section Analysis)
Section 36.101 Purpose
Section 36.101 states the purpose of the rule, which is to effectuate title III of the Americans with Disabilities Act of 1990....
-
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)
§1630.9(e)
(e) A covered entity is required, absent undue hardship, to provide a reasonable accommodation to an otherwise qualified individual who meets the definition of disability under the “actual...
-
Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices
§ 37.5(h)
(h) It is not discrimination under this part for an entity to refuse to provide service to an individual with disabilities because that individual engages in violent, seriously disruptive...
-
Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Foreword, July 26, 2010
But I did not identify as a person with a disability and I did not view myself as part of a disability community. To me, disability was the enemy....
-
Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
§ 36.101 Purpose and broad coverage
The purpose of this part is to implement subtitle A of title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181–12189), as amended by the ADA Amendments Act of 2008 (ADA...
-
Federal Documents > Technical Assistance > Access for 9-1-1 and Telephone Emergency Services
Access for 9-1-1 and Telephone Emergency Services
Department of Justice
Civil Rights Division
Disability Rights Section
Americans with Disabilities Act
Access for 9-1-1 and Telephone Emergency Services...
-
Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§35.101 Purpose
The purpose of this part is to effectuate subtitle A of title II of the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disability by public entities...
-
Additional Access Publications > Emergency Evacuation Preparedness: Taking Responsibility For Your Safety A Guide For People with Disabilities and Other Activity Limitations
Get Involved in the Planning Process
It is important to treat all people with disabilities as individuals. Do not "lump" all people with disabilities into one category....
-
Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
G. Access to Social Services, Temporary Lodging or Housing, and Other Benefit Programs
These programs need to be accessible to all, including people with disabilities....
-
Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM (2008 Title III NPRM)
§ 36.303(c)(1)
(1) A public accommodation shall furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities and their companions...
-
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)
§1630.2(h)(2)
(2) Any mental or psychological disorder, such as an intellectual disability (formerly termed “mental retardation”), organic brain syndrome, emotional or mental illness, and specific learning...
-
Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND SOUTH CAROLINA DEPARTMENT OF CORRECTIONS UNDER THE AMERICANS WITH DISABILITIES ACT
II. BACKGROUND
BACKGROUND
The United States initiated an investigation of the SCDC pursuant to Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131-12134, following receipt...
-
Federal Documents > Technical Assistance > Section 508 of the Rehabilitation Act - Frequently Asked Questions
A.1. - What is Section 508?
Its primary purpose is to provide access to and use of Federal executive agencies’ electronic and information technology (EIT) by individuals with disabilities....
-
Federal Documents > Preamble to Guidelines > 36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines) - Preamble
C. Executive Order 13132: Federalism
The 2016 Non-Rail Vehicle Guidelines are issued pursuant to the Americans with Disabilities Act (ADA)....
-
Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
E. Community Evacuation and Transportation
In an emergency, people with disabilities may face a variety of challenges in evacuating to safety....
-
Additional Access Publications > Health Access for Independent Living (HAIL) Fact Sheet: Working with Your Health Care Provider
Resources
Physician Experiences Providing Primary Care to People with Disabilities, http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2645198/
People with Disabilities: What Health Care Professionals...
-
Federal Documents > Technical Assistance > Creating Equal Opportunities for Children and Youth with Disabilities to Participate in Physical Education and Extracurricular Activities
GUIDELINES FOR PHYSICAL ACTIVITY
The Guidelines include a brief mention of children and youth with disabilities (p. 19):
"Children and adolescents with disabilities are more likely to be inactive than those without disabilities...
-
Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Safety
Safety
Where applicable, this manual discusses how to properly and lawfully consider aircraft and passenger safety when providing transportation to passengers with disabilities....
-
Federal Documents > Technical Assistance > Surfacing the Accessible Playground: 7 Things Every Playground Owner Should Know About the Accessibility of Their Playground Surfaces
Selecting an Accessible Play Surface Is One of the Most Important Decisions
The Census Bureau (2009) estimates that one in every seven American families is affected by disability....
-
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....
-
Federal Documents > Technical Assistance > The ADA: Your Employment Rights as an Individual With a Disability
More Questions and Answers About the ADA
Should I tell my employer that I have a disability?
A....
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.2(o)(1)(III)
(III) Modifications or adjustments that enable a covered entities employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated...
-
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)(1)(ii)
(ii) Your procedures, consistent with this part, concerning the provision of air travel to passengers with a disability, including the proper and safe operation of any equipment used to...