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 > Creating Equal Opportunities for Children and Youth with Disabilities to Participate in Physical Education and Extracurricular Activities
Appendix B: An Example from State Legislation and Policy: Maryland
2008 Maryland Fitness and Athletic Equity Act for Students with Disabilities
The Maryland law, unique in the nation and in full effect July 2011, requires local boards of education to...
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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)
Multiple chemical sensitivities. (Section-by-Section Analysis)
These commenters also urged the Department to add multiple chemical sensitivities to the definition of a disability....
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Federal Documents > Preamble to Regulations > 49 CFR Parts 37 and 38 -- Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments, Preamble
NPRM
The definition of “direct threat” has long been a key provision of this and other disability nondiscrimination regulations....
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Additional Access Publications > Emergency Evacuation Preparedness: Taking Responsibility For Your Safety A Guide For People with Disabilities and Other Activity Limitations
The September 11, 2001 Wake-up Call
No matter what laws and public policies say, it's up to us as people with disabilities to individually and collectively prepare for disasters....
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Common ADA Problems at Newly Constructed Lodging Facilities
Guestroom Types and Features
Guestroom Types and Features
Common Problem:
Accessible guestrooms are not dispersed among the various classes of rooms available at a lodging facility and do not provide people 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 (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
Multiple chemical sensitivities. (Section-by-Section Analysis)
These commenters also urged the Department to add multiple chemical sensitivities to the definition of a disability....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-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 > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.16(b) Regulation of Alcohol and Drugs
Individuals disabled by alcoholism are entitled to the same protections accorded other individuals with disabilities under this part....
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
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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Legal Documents > SCOTT JOHNSON v. STARBUCKS CORPORATION - AMICUS BRIEF
END OF DOCUMENT
BOND Chief Disability Rights Section
ROBERTA S....
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-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 > Title II Technical Assistance Manual
II-1.4100 Rehabilitation Act
Title II provides protections to individuals with disabilities that are at least equal to those provided by the nondiscrimination provisions of title V of the Rehabilitation Act....
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Federal Documents > Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment
M101.1 Purpose
contain scoping and technical requirements for medical diagnostic equipment (diagnostic equipment) to ensure accessibility to, and usability of the diagnostic equipment by patients with 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)
§1630.2(o)(3)
(3) To determine the appropriate reasonable accommodation it may be necessary for the covered entity to initiate an informal, interactive process with the individual with a disability in...
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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)
§1630.2(g)(2)
(2) An individual may establish coverage under any one or more of these three prongs of the definition of disability, i.e., paragraphs (g)(1)(i) (the “actual disability” prong), (g)(1)(ii...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.121(a)
(a) Except as provided in paragraph (c) of this section, each public entity operating a fixed route system shall provide paratransit or other special service to individuals 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)
Appendix E—Guidance to Revisions to ADA Title II and Title III Regulations Revising the Meaning and Interpretation of the Definition of “disability” and Other Provisions in Order To Incorporate the Requirements of the ADA Amendments Act
For guidance providing a section-by-section analysis of the revisions to 28 CFR parts 35 and 36 published on August 11, 2016, see appendix C of 28 CFR part 35.
[AG Order...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1. Job-Related
Job-Related
If a qualification standard, test or other selection criterion operates to screen out an individual with a disability, or a class of such individuals on the basis of disability...
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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
7. What is a reasonable modification?
, unless the change would result in a fundamental alteration to the nature of the program.67 Parenting skills do not come naturally to many parents, with or without disabilities. ...
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Legal Documents > United States of America v. Employees' Retirement Systems of Alabama, Teachers' Retirement Systems of Alabama, and PCH Hotels & Resorts, Inc. - Consent Decree
VI. POLICIES, PRACTICES, AND PROCEDURES
The Hotel's policy shall specify that accessible rooms may be rented to persons who do not have the corresponding disabilities only if all non-accessible rooms in the same class in the Hotel...
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Federal Documents > Technical Assistance > ADA Requirements - Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices
Requirements Regarding Mobility Devices and Aids
Requirements Regarding Mobility Devices and Aids
Under the new rules, covered entities must allow people with disabilities who use wheelchairs (including manual wheelchairs, power wheelchairs...
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Additional Access Publications > Accessible Health Care Briefs: HEALTH CARE (Clinic/Outpatient) FACILITIES ACCESS
1. a. Complying with the ADA
The major pieces of federal legislation governing equal access to health care services for individuals with disabilities are the Rehabilitation Act (Rehab Act) and the Americans with Disabilities...
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Additional Access Publications > Accessible Health Care Briefs: CHOOSING AND NEGOTIATING AN ACCESSIBLE FACILITY LOCATION
1. a. Complying with the ADA
The major pieces of federal legislation governing equal access to health care services for individuals with disabilities are the Rehabilitation Act (Rehab Act) and the Americans with Disabilities...
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Products and Additional Resources > Products
Open Sesame Remote Controlled Low-Voltage Door System
.* This professional grade disabled access system unlatches a locked door, then opens, pauses and closes it - all automatically....