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 > 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...
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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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Legal Documents > Reynoldson, Pixley, Whedbee v. City of Seattle - Class Action Complaint Regarding the Pedestrian Right of Way
CLASS ACTION ALLEGATIONS
Each member of the class is a "qualified person with a disability" and/or a person with a "disability" pursuant to 42 U.S.C. § 12131(2), Section 504 of the Rehabilitation Act, 29 U.S.C....
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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)
"Service Animal'' (Section-by-Section Analysis)
a physical, sensory, psychiatric, intellectual, or other mental disability....
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Products and Additional Resources > Products
Mobi-Mat® Recpath™ ADA Beach Access Mat
Made of polyester, RECPATH™ can extend into the water and allow disabled people to remain in their beach wheelchair Mobi-chair® to transfer directly into the water....
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Products and Additional Resources > Products
Norton Surface Mounted 5900 Series Low Energy Door Operator
This cost-effective operator is available for either push- or pull-side mounting and is ideal for any application designed to meet the Americans with Disabilities Act (A.D.A)....
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Links > Federal Department or Agency
FAA Advisory Circular 150/5360-14: Access to Airport by Individuals with Disabilities
(Link to this document as a PDF online)
Advisory Circular
Subject: ACCESS TO AIRPORTS BY INDIVIDUALS WITH DISABILITIES
Date: 6/30/99
Initiated by: AAS-100 AC No: 150/5360-14...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
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 qualified 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)
§382.85(a)(1)(i)
(i) When a passenger with a disability not described in §382.81(a) through (d) of this part makes a reservation more than 24 hours before the scheduled departure time of the flight, you...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.207(b)
., family members or traveling companions of a passenger with a disability, medical or public safety personnel) for routine boarding or other assistance to passengers with disabilities,...
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-221.2.1.6 Specialty seating areas
buildings and facilities, if it is not readily achievable for wheelchair spaces to be placed in each specialty seating area, those services or amenities shall be provided to individuals with disabilities...
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State and Local Documents > Codes and Standards > 2022 California Standards
3. Medical Diagnostic Equipment
Act provide design criteria for examination tables and chairs, weight scales, radiological and mammography equipment, and other diagnostic equipment that are accessible to people with disabilities...