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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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Federal Publications
Update: A Primer for State and Local Governments
A Guide to the ADA Standards for Accessible Design
Accessibility of State and Local Government Websites to People with Disabilities...
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Conclusion
When disability-based discrimination occurs within the school setting, it can be the result of an error, oversight, or misunderstanding, as opposed to an intentional desire to break the...
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Links > Employment
How to File a Charge of Employment Discrimination
events took place
Why you believe you were discriminated against (for example, because of your race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Air Carrier Access Act Technical Assistance Manual (2005)
What Airline Employees, Airline Contractors, and Air Travelers with Disabilities Need to Know About Access to Air Travel for Persons with Disabilities
A Guide to the Air Carrier Access...
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Federal Documents > Preamble to Regulations > 49 CFR Parts 27 and 37: Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices - Preamble
End note
For the reasons set forth in the preamble, the Department of Transportation amends 49 CFR parts 27 and 37, as follows:
PART 27—NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS...
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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)(8)(ii) Series-of-events tickets
series-of-events tickets, it is permissible to ask the individual purchasing the tickets for accessible seating to attest in writing that the accessible seating is for a person who has a mobility disability...
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: COMMONLY ASKED QUESTIONS ABOUT SERVICE ANIMALS IN PLACES OF BUSINESS
8. Q: I operate a private taxicab and I don't want animals in my taxi; they smell, shed hair and sometimes have "accidents." Am I violating the ADA if I refuse to pick up someone with a service animal?
Taxicab companies may not refuse to provide services to individuals with disabilities....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
Objective of, and legal basis for, the proposed standards
The objective of the proposed standards is to ensure that medical diagnostic equipment is accessible to and usable by individuals 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)
§ 35.136(i)(1) Reasonable modifications
A public entity 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 horse...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.137(c) Ongoing requirement
The entity shall create an ongoing mechanism for the participation of individuals with disabilities in the continued development and assessment of services to persons with disabilities....
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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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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 > Technical Assistance > Title I Technical Assistance Manual
State and local vocational rehabilitation agencies
State and local vocational rehabilitation agencies
Independent Living Centers in some 400 communities around the country provide technical assistance to employers and people with disabilities...
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Title III Highlights
IV. Eligibility for Goods and Services
In providing goods and services, a public accommodation may not use eligibility requirements that exclude or segregate individuals with disabilities, unless the requirements are necessary...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
Identification of accessible guest rooms. (Section-by-Section Analysis)
This requirement is integral to ensuring that individuals with disabilities receive the information they need to benefit from the services offered by the place of lodging. ...
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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...