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 Best Practices Tool Kit for State and Local Governments
G. Supplies
Many people with disabilities need medication that must be refrigerated....
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Federal Documents > Technical Assistance > Cities and Counties: First Steps Toward Solving Common ADA Problems
Common Problems with Access to Programs, Generally
Now, people with disabilities drive down the walkway and transfer in and out of their vehicles on the fishing platform....
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Federal Documents > Technical Assistance > Creating Equal Opportunities for Children and Youth with Disabilities to Participate in Physical Education and Extracurricular Activities
Overview
The President's Council on Physical Fitness and Sports Research Digest reported that physical activity is 4.5 times lower for children and youth with disabilities than their peers without...
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Federal Documents > Technical Assistance > Creating Equal Opportunities for Children and Youth with Disabilities to Participate in Physical Education and Extracurricular Activities
PROGRAM OPTIONS
PE and athletics can be offered in various degrees of inclusion in programs and activities with children and youth without disabilities....
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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)
Ticket transfer. (Section-by-Section Analysis)
The proposed regulation at § 36.302(f)(5) required that individuals with disabilities must be allowed to purchase season tickets for accessible seating on the same terms and conditions as...
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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)
Ticket transfer. (Section-by-Section Analysis)
The proposed regulation at § 35.138(e) required that individuals with disabilities must be allowed to purchase season tickets for accessible seating on the same terms and conditions as individuals...
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Federal Documents > Technical Assistance > The ADA and City Governments: Common Problems
Introduction
Access to civic life by people with disabilities is a fundamental goal of the Americans with Disabilities Act (ADA)....
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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 1630.10(a)—In General
Section 1630.10(a)—In General
The purpose of this provision is to ensure that individuals with disabilities are not excluded from job opportunities unless they are actually unable to...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
3.5 Some Examples of Reasonable Accommodation
This is necessary because people who have any particular disability may have very different abilities and limitations....
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
The ADA on the Eve of the 1988 Election
The disability community reached this objective with a pronouncement from Senator Edward M. Kennedy (D-MA) at the joint hearing....
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Federal Documents > Technical Assistance > Solutions for Five Common ADA Access Problems at Polling Places
Solutions for Five Common ADA Access Problems at Polling Places
Title II of the Americans with Disabilities Act (ADA) requires public entities to ensure that people with disabilities can access and use their voting facilities....
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Federal Documents > Technical Assistance > Creating Equal Opportunities for Children and Youth with Disabilities to Participate in Physical Education and Extracurricular Activities
ASSESSMENT, PROGRESS, ACHIEVEMENT, AND GRADING
Some equipment and technologies may allow for more accurate assessments of the incremental improvements made by children and youth with disabilities....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Introduction of new § 35.152 for detention and correctional facilities. (Section-by-Section Analysis)
In view of the statistics regarding the current percentage of inmates with mobility disabilities, the fact that prison populations include large numbers of aging inmates who are not eligible...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Accessibility of Airport Facilities
leased, or operated by a carrier at a commercial service airport, including parking and ground transportation, must comply with the Standards for Accessible Design under the Americans 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)
§35.130(g) (Section-by-Section Analysis)
The individuals covered under this paragraph are any individuals who are discriminated against because of their known association with an individual with a disability....
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Legal Documents > WILLITS, et al v. CITY OF LOS ANGELES - Notice of Proposed Settlement of Class Action Lawsuit
RELEASE OF CLAIMS
of the Settlement Agreement, all claims for injunctive, declaratory or other non-monetary relief that were brought, could have been brought, or could be brought in the future under any disability...
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Federal Documents > Technical Assistance > ADA: Know Your Rights - Returning Service Members with Disabilities
Publications
A Guide to Disability Rights Laws
www.ada.gov/ta-pubs-pg2.htm#Anchor-14210
800-514-0301 (voice)
800-514-0383 (TTY)
Americans with Disabilities Act: Questions and Answers
www.ada.gov...
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State and Local Documents > Regulations > 36 CFR Part 1191 ADA and ABA Accessibility Guidelines for Emergency Transportable Housing Units
Executive Order 13132 (Federalism)
The final rule is issued pursuant to the Americans with Disabilities Act (ADA) and Architectural Barriers Act (ABA).52 The ADA is civil rights legislation that was enacted by Congress pursuant...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
33. Does an employer have to change a person's supervisor as a form of reasonable accommodation?
is protected from disability-based discrimination by a supervisor, including disability-based harassment....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Contractors
Contractors
This manual recognizes the important role that contractors play in providing services, equipment, and other accommodations to passengers with disabilities....
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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)
Service animal
, or other mental disability....
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Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture (ANPRM)
iii. Radiological Diagnostic equipment
Resonance Imaging (MRI), Positron Emission Tomography (PET), and X-rays, including Computerized Axial Tomography (CAT) scans and mammography, are difficult to access for individuals with disabilities...
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Federal Documents > Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines
1193.23(b)(3) (Advisory Guidance)
Paragraph (b)(3)
Working Cooperatively with Appropriate Disability-Related Organizations
1....
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Federal Documents > Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines
1193.23(b)(1) (Advisory Guidance)
Clearly, "involvement" of persons with disabilities is not appropriate in this case.
2....