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
D. Reasonable Modifications
But there are many other functions that service animals perform for people with a variety of disabilities....
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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 1630.2(k) Record of a Substantially Limiting Impairment
limits or limited a major life activity is an individual with a disability....
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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 1630.2(j)(1)(ii) Significant or Severe Restriction Not Required; Nonetheless, Not Every Impairment Is Substantially Limiting
Nonetheless, not every impairment will constitute a ‘disability’ within the meaning of this section.”...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
ACCESS
ACCESS
Ask the passenger with a disability how you may assist with concerns....
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Legal Documents > SETTLEMENT AGREEMENT between THE UNITED STATES OF AMERICA and PALM BEACH COUNTY, FLORIDA
General Provisions
The Supervisor shall not exclude qualified individuals with disabilities from participation in or deny them the benefits of the voting program or services, or subject them to discrimination...
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Additional Access Publications > Using a Fitness Center Does Not Have to be an Exercise in Frustration: Tips for People with Mobility and Visual Disabilities
1.1 Recognizing the Barriers
about people with disabilities
Some of the facility’s policies and procedures discriminate against people with disabilities
Have you experienced any of these problems?...
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Additional Access Publications > A Guide to Planning Accessible Meetings
The Inspection Team
Sites should be inspected by you as the meeting planner and by people with disabilities who have a user’s perspective....
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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(a) General
No qualified person with a disability shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination...
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Federal Documents > Standards > 2010 ADA Standards
Dispersion: ADA Standard Section 1005.2.1.1
Portions of the railings that are lowered to provide fishing opportunities for persons with disabilities must be located in a variety of locations on the fishing pier or platform to give...
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Other OCR Resources
Dear Colleague Letter: Responding to Bullying of Students with Disabilities (Oct. 21, 2014), www.ed.gov/ocr/letters/colleague-bullying-201410.pdf. ...
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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 1630.2(j)(1)(iii) Substantial Limitation Should Not Be Primary Object of Attention; Extensive Analysis Not Needed
It recognized that “clearing the initial [disability] threshold is critical, as individuals who are excluded from the definition ‘never have the opportunity to have their condition evaluated...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
7.10 Leave
7.10 Leave
An employer may establish attendance and leave policies that are uniformly applied to all employees, regardless of disability, but may not refuse leave needed by an employee...
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Federal Documents > Technical Assistance > Protecting the Rights of Parents and Prospective Parents with Disabilities: Technical Assistance for State and Local Child Welfare Agencies and Courts
11. How does the equal opportunity requirement apply to case planning activities of child welfare agencies?
In many instances, providing the same services and resources to an individual with a disability that are provided to individuals without disabilities will not be sufficient to provide an...
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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 1630.15(a) Disparate Treatment Defenses
The individual is being treated differently because of the employer's attitude towards his or her perceived disability....
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Certification and Licensing
A person with a disability cannot be denied licensure or certification if the person meets the essential eligibility requirements....
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Federal Documents > Technical Assistance > ADA Update - A Primer for State and Local Governments (Title II Primer)
Introduction
INTRODUCTION
_____________________________________________________________________________________
More than 55 million Americans –18% of our population–have disabilities, and they...
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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 1630.15(b) and (c) Disparate Impact Defenses
or a disproportionately negative impact on a class of individuals with disabilities....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
5.2 Job Advertisements and Notices
Specific information about essential functions will attract applicants, including individuals with disabilities, who have appropriate qualifications....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
Chapter 7 Emergency Management Under Title II of the ADA
In this Chapter, you will learn how to make emergency management programs, services, and activities accessible to everyone, including people with disabilities....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Can a charging party file a charge on more than one basis?
An individual with a disability can file a charge of discrimination on more than one basis....
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Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
1009.2 Pool Lifts
Pool lift seats with backs will enable a larger population of persons with disabilities to use the lift....
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State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
1009.2 Pool Lifts
Pool lift seats with backs will enable a larger population of persons with disabilities to use the lift....
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Additional Access Publications > Health Access for Independent Living (HAIL) Fact Sheet: Working with Your Health Care Provider
Communication Barriers
Poor communication between a provider and a person with a disability inhibits accurate diagnosis and treatment. (The limited time that doctors spend during visits is also a barrier.)...
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
COMMUNICATIONS {Subpart E}
COMMUNICATIONS {Subpart E}
“A public entity shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as...