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 > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.2(j)(3) Predictable Assessments
Section 1630.2(j)(3) Predictable Assessments
As the regulations point out, disability is determined based on an individualized assessment. There is no “per se” disability....
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Research and History > Research Documents > National Trail Surfaces Study
Background
In order for people with disabilities to benefit on the same level as people without disabilities, leisure and recreation services must be inclusive and accessible (Stumbo, Wang & Pegg...
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Federal Documents > Technical Assistance > ADA/Section 504 Design Guide - Accessible Cells in Correction Facilities
ADA/Section 504 Design Guide - Accessible Cells in Correction Facilities
Department of Justice
Civil Rights Division
Disability Rights Section
Americans with Disabilities Act
Section 504 of the Rehabilitation Act
ADA/Section 504 Design Guide: Accessible...
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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(b)(1)(iii)
(iii) Provide a qualified person with a disability with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
What does the Air Carrier Access Act (ACAA) say?
The ACAA prohibits U.S. and foreign air carriers from discriminating against an air traveler with a disability on the basis of such disability (49 U.S.C. 41705)....
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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)
§ 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....
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
Adaptability
The ability of certain building spaces and elements, such as kitchen counters, sinks, and grab bars, to be added or altered so as to accommodate the needs of individuals with or without disabilities...
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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)
§1630.14(d)(2) Voluntary
An employee health program that includes disability-related inquiries or medical examinations (including disability-related inquiries or medical examinations that are part of a health risk...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
Chapter 7 Addendum 1: Title II Checklist (Emergency Management)
cognitive and psychiatric disabilities, people with disabilities who use service animals, and other people with disabilities who reside or visit your community who may need evacuation assistance...
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Federal Documents > Technical Assistance > Section 508 of the Rehabilitation Act - Frequently Asked Questions
C.7.ii. - Can a federal agency provide alternate web pages for users with disabilities to supplement web pages that have innovative features which are inaccessible to assistive technologies?
While the provisions in 36 CFR 1194.22 allow web authors to be creative and innovative in the use of new technologies, Section 1194.22(k) requires that a text-only web page be...
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Products and Additional Resources > Products
Elkay Cane Apron LKAPREZL for use with EZ Bi-Level Drinking Fountains
Accessory apron designed to bring Elkay water coolers into compliance with the Americans with Disabilities Act (A.D.A.) when units are mounted on an exposed wall....
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Products and Additional Resources > Products
S. R. Smith Splash! Pool Lift
Lift series meets the Americans with Disabilities Act Access Guidelines (ADAAG 2010). In addition to the standard configuration, the Splash!...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Other specific exclusions
Other specific exclusions
The Act states that homosexuality and bisexuality are not impairments and therefore are not disabilities under the ADA....
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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(b)(1)(v)
(v) Aid or perpetuate discrimination against a qualified individual with a disability by providing significant assistance to an agency, organization, or person that discriminates on the...
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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)
§ 36.302(f)(2)(i)
(i) Inform individuals with disabilities, their companions, and third parties purchasing tickets for accessible seating on behalf of individuals with disabilities of the locations of all...
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Federal Documents > Standards > Uniform Federal Accessibility Standards (UFAS)
ADAPTABILITY
The ability of certain building spaces and elements, such as kitchen counters, sinks, and grab bars, to be added or altered so as to accommodate the needs of either disabled or nondisabled...
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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)
§ 35.138(b)(1)
(1) Inform individuals with disabilities, their companions, and third parties purchasing tickets for accessible seating on behalf of individuals with disabilities of the locations of all...
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Federal Documents > Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines
Usable
Means that individuals with disabilities have access to the full functionality and documentation for the product, including instructions, product information (including accessible feature...
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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(b)(1)(v)
(v) Aid or perpetuate discrimination against a qualified individual with a disability by providing significant assistance to an agency, organization, or person that discriminates on the...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Building a Winning Record
Throughout the 1980s, the disability community recorded an impressive string of judicial and legislative victories that helped build the disability movement’s credibility in Washington....
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-208.2.3.3 Parking for guests, employees, and other non-residents
Note: When assigned parking is provided, Chapter 11A indicates designated accessible parking for the adaptable residential dwelling units shall be provided on requests of residents with disabilities...
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State and Local Documents > Codes and Standards > 2025 California Standards
11B-208.2.3.3 Parking for guests, employees, and other non-residents
Note: When assigned parking is provided, Chapter 11A indicates designated accessible parking for the adaptable residential dwelling units shall be provided on requests of residents with 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 1630.9(b)
Section 1630.9(b)
This provision states that an employer or other covered entity cannot prefer or select a qualified individual without a disability over an equally qualified individual...
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Federal Documents > Technical Assistance > 2016 ADA CHECKLIST FOR POLLING PLACES
Other Justice Department Publications
In addition to the 2016 Checklist, election officials should consult the Department’s 7-page publication on the rights of voters with disabilities, The Americans with Disabilities Act and...