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 > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12112(d)(4)(A) Prohibited examinations and inquiries
Prohibited examinations and inquiries
A covered entity shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a 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)
§ 36.302(c)(9)(i)
(i) A public accommodation shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature...
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Federal Documents > Technical Assistance > Frequently Asked Questions about Service Animals and the ADA
Q1. What is a service animal?
Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. ...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)
Section 36.301 Eligibility Criteria (Section-By-Section Analysis and Response to Comments)
For example, public accommodations may not require that an individual with a disability be accompanied by an attendant....
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Products and Additional Resources > Disability Etiquette > Tips for Interacting with People with Disabilities
General Tips
Focus on the person, not on the disability.
Offer people with a disability the same dignity, consideration, respect, and rights you expect for yourself....
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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 > 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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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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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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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 > 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....