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 > ADA Update - A Primer for State and Local Governments (Title II Primer)
Basic Principles
People with disabilities must not be treated in a different or inferior manner....
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Federal Documents > Preamble to 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 - Preamble
2. Usability and Performance Standards
a local disability group to consult....
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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...
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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....
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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....
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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...
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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)
§1630.2(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...
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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 > 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....
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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...
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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....
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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)....
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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...
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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)
§382.141(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...
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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)
§35.130(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...
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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)
§35.105(b)
(b) A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate...
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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)
§1630.2(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...
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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...
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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)
§ 35.130(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...
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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)
§ 35.105(b)
(b) A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate...
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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....
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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...