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 > 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(o)(1)(iii)
(iii) Modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated...
-
Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Equality of Opportunity
Equality of Opportunity
“The Nation’s proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic...
-
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(c)
(c) Nothing in this part prohibits a public entity from providing benefits, services, or advantages to individuals with disabilities, or to a particular class of individuals with disabilities...
-
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)
§ 35.105(b)
(b) A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate...
-
Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
D. Service Animals
Service Animals1
A service animal is (i) an animal individually trained and which performs functions to assist a person with a disability; (ii) an animal that has been shown to have the...
-
State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12182(b)(2)(C)(ii)
including the driver), for which solicitations are made after the 30th day following the effective date of this subparagraph, that is not readily accessible to and usable by individuals with disabilities...
-
Additional Access Publications > Inclusive Event Procedures for Emergencies
Resources:
Emergency Evacuation Planning Guide for People with Disabilities, 2016, National Fire Protection Agency
Emergency Evacuation Preparedness: Taking Responsibility for Your Safety, A Guide...
-
Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-3.2000 Denial of participation
The ADA prohibits discriminatory denial of services or benefits to individuals with disabilities....
-
Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
Chapter 5 Website Accessibility Under Title II of the ADA
What technologies do people with disabilities use to access the Internet?
How do poorly designed websites pose barriers to people with disabilities?...
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
b. Technical Assistance
Technical Assistance
There are many sources of technical assistance to help employers make effective accommodations for people with different disabilities in various job situations....
-
Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-4.3400 Preemployment medical examinations and medical inquiries
During the hiring process, public entities may ask about an applicant's ability to perform job-related functions but may not ask whether an applicant is disabled or about the nature or severity...
-
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(b)
(b) You must not refuse to provide transportation to a passenger with a disability because the person's disability results in appearance or involuntary behavior that may offend, annoy, or...
-
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)(3)
(3) Even if separate or different aid, benefits, or services are available to persons with a disability, a recipient may not deny a qualified person with a disability the opportunity to...
-
Federal Documents > Standards > 1991 ADA Standards for Accessible Design
4.1.7(2)(c) Consultation With Interested Persons
Interested persons should be invited to participate in the consultation process, including State or local accessibility officials, individuals with disabilities, and organizations representing...
-
State and Local Documents > Codes and Standards > 2022 California Standards
11B-502.8.2 Lettering
1 inch (25 mm) the following:
"Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or special license plates issued for persons with disabilities...
-
State and Local Documents > Codes and Standards > 2022 California Standards
11B-233.3.2.1 Buyer identified residential dwelling units for sale
In such programs, the covered entity must provide the units that comply with the requirements for accessible features to those pre-identified buyers with disabilities who have requested...
-
State and Local Documents > Codes and Standards > 2022 California Standards
11B-904.2 Approach
counter, locate the accessible counter close to the cash register so that a person using a wheelchair is visible to sales or service personnel and to minimize the reach for a person with a disability...
-
Links > Federal Department or Agency
FAA Advisory Circular 150/5360-14: Access to Airport by Individuals with Disabilities
(Link to this document as a PDF online)
Advisory Circular
Subject: ACCESS TO AIRPORTS BY INDIVIDUALS WITH DISABILITIES
Date: 6/30/99
Initiated by: AAS-100 AC No: 150/5360-14...
-
Products and Additional Resources > Products
Mobi-Mat® Recpath™ ADA Beach Access Mat
Made of polyester, RECPATH™ can extend into the water and allow disabled people to remain in their beach wheelchair Mobi-chair® to transfer directly into the water....
-
Products and Additional Resources > Products
Norton Surface Mounted 5900 Series Low Energy Door Operator
This cost-effective operator is available for either push- or pull-side mounting and is ideal for any application designed to meet the Americans with Disabilities Act (A.D.A)....
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Accommodations to Ensure Equal Benefits of Employment
Accommodations to Ensure Equal Benefits of Employment
Reasonable accommodations must be provided to enable an employee with a disability to enjoy benefits and privileges of employment...
-
Products and Additional Resources > Disability Etiquette > Effective Interaction: Communicating With and About People with Disabilities in the Workplace
References
References
"Guidelines for Reporting and Writing About People with Disabilities," produced by the Research and Training Center on Independent Living, University of Kansas....
-
Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
California Hosts First Youth Leadership Forum
California Hosts First Youth Leadership Forum
________________________________________________________________
1992
The California Governor’s Committee for Employment of Disabled...
-
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 36.101 Purpose (Section-By-Section Analysis and Response to Comments)
Section 36.101 Purpose (Section-By-Section Analysis and Response to Comments)
Section 36.101 states the purpose of the rule, which is to effectuate title III of the Americans with Disabilities...