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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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...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Complaints Resolution Official (CRO):
familiar with the requirements of part 382 and the air carrier’s policies and procedures addressing part 382 and the provision of services, facilities, and accommodations to passengers with disabilities...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12182(b)(2)(B)(ii) Equivalent service
capacity of 16 passengers or less (including the driver) for use on such system after the effective date of this subparagraph that is not readily accessible to or usable by individuals with disabilities...
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Additional Access Publications > Accessible Health Care Briefs: CHOOSING AND NEGOTIATING AN ACCESSIBLE FACILITY LOCATION
2. HOW TO MAKE THE RIGHT CHOICES IN EVALUATING NEW MEDICAL OFFICE
SPACE
Many facilities were built without features that accommodate people with disabilities, including people who use wheelchairs....
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Declaration of “National Employ the Physically Handicapped Week”
Declaration of “National Employ the Physically Handicapped Week”
________________________________________________________________
8/11/1945
The return of service members with disabilities...
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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 > 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 > 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 > Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through May 2016)
§382.55(a)
(a) All passengers, including those with disabilities, are subject to TSA security screening requirements at U.S. airports....
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description Final Rule
§ 36.303(g)(6)(i)
(i) A public accommodation may meet its obligation to provide captioning and audio description in its movie theaters to persons with disabilities through any technology so long as that technology...
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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 July 2003)
§ 382.1 Purpose
of this part is to implement the Air Carrier Access Act of 1986 (49 U.S.C. 41705), which provides that no air carrier may discriminate against any otherwise qualified individual with a disability...
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State and Local Documents > Codes and Standards > Elimination of Architectural Barriers - TDLR Government Code, Chapter 469
Sec. 469.001(c)
(c) This chapter is intended to further the policy of this state to encourage and promote the rehabilitation of persons with disabilities and to eliminate, to the extent possible, unnecessary...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12206(b) Agency and public assistance
Agency and public assistance
The Attorney General may obtain the assistance of other Federal agencies in carrying out subsection (a) of this section, including the National Council on Disability...
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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(g)(6)(i)
(i) A public accommodation may meet its obligation to provide captioning and audio description in its movie theaters to persons with disabilities through any technology so long as that technology...
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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(f)
(f) A public entity may not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as the provision...
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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(f)
(f) A public entity may not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as the provision...
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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 > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.2(j) Substantially Limits
Section 1630.2(j) Substantially Limits
In any case involving coverage solely under the “regarded as” prong of the definition of “disability” (e.g., cases where reasonable accommodation...