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 > Accessible Play Areas - A Summary of Accessibility Guidelines for Play Areas
Introduction
Introduction
The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that prohibits discrimination on the basis of disability....
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Effective Communication
Many people with disabilities are prevented from participating fully in programs, activities and services because of communication difficulties....
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Federal Documents > Technical Assistance > ADA Requirements - Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices
Choice of Device
Choice of Device
People with disabilities have the right to choose whatever mobility device best suits their needs....
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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)
§382.151(c)(2)
(2) Your reservation agents, contractors, and Web sites must provide information equivalent to that required by paragraph (c)(1) of this section to passengers with a disability using those...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12206(b) Agency and Public Assistance
--The Attorney General may obtain the assistance of other Federal agencies in carrying out subsection (a), including the National Council on Disability, the Presidents Committee on Employment...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12112(d)(4)(A) 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 or as to the nature...
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Federal Documents > Technical Assistance > The Mental Health Provider's Role in a Client's Request for a Reasonable Accommodation at Work
1. What Is the ADA?
The ADA is a federal law that prohibits employers with 15 or more employees from discriminating on the basis of disability, and gives employees and job applicants with disabilities a right...
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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)
§27.11(c)(2)
, within 180 days from the effective date of this part, after consultation at each step in paragraphs (c)(2) (i)-(iii) of this section with interested persons, including persons with a disability...
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Federal Documents > Regulations > 24 CFR Part 8—Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of the Department of Housing and Urban Development (with amendments issued through Dec. 2007)
§8.28(a)(5)
(5) If necessary as a reasonable accommodation for a person with disabilities, approve a family request for an exception rent under §982.504(b)(2) for a regular tenancy under the Section...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.160(b)
(b) A public entity shall furnish appropriate auxiliary aids and services where necessary to afford individuals with disabilities and their companions who are individuals with disabilities...
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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....