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...
Search Results "Disability"
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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Congressional Findings of Discrimination
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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....
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2.3(c) Perform Essential Functions "With or Without Reasonable Accommodation"
2.3(c) Perform Essential Functions "With or Without Reasonable Accommodation" Many individuals with disabilities are qualified to perform the essential functions of jobs without need...
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Epilogue
They must also take proactive steps to offer equal opportunity to persons with disabilities, commensurate with their economic resources....
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The Government Response
And scores of disability and non-disability organizations endorsed the ADA and funneled information to their members....
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Data Deficiencies
Data Deficiencies Advocates on the committee, representing the interests of people with disabilities, strongly stated that a 17” height is essential to accommodate the largest segment...
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C. Mobility Aids and Assistive Devices
or contractor must reassemble it and ensure its prompt return to the passenger with a disability in the same condition in which the carrier received it....
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II-3.5400 Surcharges
Although compliance may result in some additional cost, a public entity may not place a surcharge only on particular individuals with disabilities or groups of individuals with disabilities...
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1. What are the basic requirements of ADA Title II and Section 504?
Answer: Title II of the ADA provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in, be denied the benefits of, or...
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11B-1003.3 Clearances
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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11B-1003.3 Clearances
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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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...
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§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...
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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...
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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....
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§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...
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§ 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...
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Basic Principles
People with disabilities must not be treated in a different or inferior manner....
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2. Usability and Performance Standards
a local disability group to consult....
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§ 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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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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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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§ 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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§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...