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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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Section 35.136 Service Animals (Section-by-Section Analysis)
now states that, "[a] public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability...
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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)
Section 36.302(c) Service Animals (Section-by-Section Analysis)
Department's regulation now states that "[g]enerally, a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12182(b)(1)(A)(i) Denial of participation
(i) Denial of participation
It shall be discriminatory to subject an individual or class of individuals on the basis of a disability or disabilities of such individual or class, directly...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Actions which Constitute Discrimination
Limiting, segregating, or classifying a job applicant or employee in a way that adversely affects employment opportunities for the applicant or employee because of his or her disability....
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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)
Comfort animals. (Section-by-Section Analysis)
See 42 U.S.C. 12102(2) (defining disability); 28 CFR 36.104 (same). ...
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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
LIMITATIONS IN OUR CURRENT KNOWLEDGE
There is limited understanding of how the research on children without disabilities can be translated into guidance for physical activity programs for children with disabilities (Fleming...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
ADA Team
There are several reasons to include people with disabilities....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ATLANTIS EVENTS, INC. UNDER THE AMERICANS WITH DISABILITIES ACT
A. Non-Discrimination
Atlantis will not discriminate against any individual on the basis of disability in the full and equal enjoyment of any of its goods, services, facilities, privileges, advantages,...
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-3.4200 Right to participate in the regular program
Even if a separate or special program for individuals with disabilities is offered, a public accommodation cannot deny an individual with a disability participation in its regular program...
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-1005.2.1.1 Dispersion
Portions of the railings that are lowered to provide fishing opportunities for persons with disabilities must be located in a variety of locations on the fishing pier or platform to give...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
4.Other Funding Sources
Department of Veterans Affairs also provides financial assistance to disabled veterans for equipment needed to help perform jobs....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
I. Other Resources
As discussed above, the ADA requires that people with disabilities have equal access to shelters and the benefits they provide....
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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)
§ 36.105(a)(2)(iii)
iii) Where an individual is not challenging a public accommodation's failure to provide reasonable modifications under §36.302, it is generally unnecessary to proceed under the “actual disability...
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
208.1.2
208.1.2 A facility that is making alterations under section 202 as required by s.303(a) of the Americans with Disabilities Act of 1990 must comply with section 208 to the maximum extent...
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Legal Documents > National Federation of the Blind and USA v. HRB Digital LLC and HRB Tax Group, Inc. - Consent Decree
General Policy
It is H&R Block’s policy to ensure that persons with disabilities have a full and equal opportunity to benefit from the goods, services, privileges, advantages, and accommodations offered...
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: The ADA: Questions and Answers
Q. What is discrimination based on "relationship or association?"
ADA prohibits discrimination based on relationship or association in order to protect individuals from actions based on unfounded assumptions that their relationship to a person 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)
Benefits Not Monetized in the Formal Analysis
Use benefits accruing to persons without disabilities....
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Research and History > Research Documents > Anthropometry for Persons with Disabilities
Introduction
In a recently published review of the anthropometry of people with disabilities (Kumar, 1997), A....
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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)
Benefits Not Monetized in the Formal Analysis
Use benefits accruing to persons without 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)
"Service Animal" (Section-by-Section Analysis)
a physical, sensory, psychiatric, intellectual, or other mental 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)
§382.87(d)
(d) If you have already provided a seat to a passenger with a disability to furnish an accommodation required by this subpart, you must not (except in the circumstance described in §382.85...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)
Objectives of, and legal basis for, proposed accessibility guidelines
Objectives of, and legal basis for, proposed accessibility guidelines
The Access Board is required to issue accessibility guidelines by the Americans with Disabilities Act (42 U.S.C....
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Additional Access Publications > Health Access for Independent Living (HAIL) Fact Sheet: Working with Your Health Care Provider
Provider knowledge
As we see in Jack’s story above, a provider’s lack of knowledge is one barrier to accessing health care for patients with physical disabilities....
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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 (2008 Title III NPRM)
§ 36.303(c)(3)
(3) A public accommodation shall not rely on an individual accompanying an individual with a disability to interpret or facilitate communication, except in an emergency involving a threat...