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.
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.9(d)
(d) A qualified individual with a disability is not required to accept an accommodation, aid, service, opportunity or benefit which such qualified individual chooses not to accept....
-
Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
Section 36.212 Insurance (Preamble, Section-by-Section Analysis)
Section 36.212(c) is a specific application of § 36.202(a), which prohibits denial of participation on the basis of disability....
-
Additional Access Publications > ADA Compliance Process by Evan Terry Associates
GENERAL PROHIBITION AGAINST DISCRIMINATION {35.130}
GENERAL PROHIBITION AGAINST DISCRIMINATION {35.130}
“No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits...
-
Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
After an Offer of Employment Is Made
After an Offer of Employment Is Made
After making a job offer, an employer may ask questions about the applicant's health (including questions about the applicant's disability) and may...
-
Federal Documents > Technical Assistance > DOJ/DOE Joint Publication: Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools
7. Under what circumstances is a public school required to provide auxiliary aids and services to persons with a hearing, vision, or speech disability who are not students, such as parents, other relatives, and members of the public, who seek to participate in or benefit from a district’s services, programs, or activities?
All of the same Title II requirements and considerations discussed in the context of students with hearing, vision, or speech disabilities apply to other individuals with disabilities who...
-
Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Lobbying & Grass Roots Activities
The headline read: “Americans With Disabilities Act: Washington’s Latest Way to Crush Businesses, Schools, While Hurting The Disabled.”...
-
Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.1(c) Construction
The primary purpose of the Amendments Act was to make it easier for people with disabilities to obtain protection under the ADA....
-
Federal Documents > Technical Assistance > A Guide for People with Disabilities Seeking Employment
How do I know if I am protected by the ADA?
To be protected, you must be a qualified individual with a disability. This means that you must have a disability as defined by the ADA....
-
Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.3(m) Handicap
(m) Handicap means any condition or characteristic that renders a person a handicapped person as defined in paragraph (j) of this section.
-
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)
§8.3 Handicap
Handicap means any condition or characteristic that renders a person an individual with handicaps.
-
Federal Documents > Technical Assistance > Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act
21. Q: Do we have to help children take off and put on their leg braces and provide similar types of assistance to children with mobility impairments?
21. Q: Do we have to help children take off and put on their leg braces and provide similar types of assistance to children with mobility impairments?
A: Generally, yes. Some...
-
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) Rules of construction
(2) Rules of construction.
-
Additional Access Publications > Employers' Guide to Including Employees with Disabilities in Emergency Evacuation Plans
Cognitive/Psychiatric Impairments
Cognitive/Psychiatric Impairments:
Employers should consider ways of communicating with people who have cognitive impairments. For example, some individuals may benefit from...
-
Federal Documents > Regulations > 24 CFR Part 100—Discriminatory Conduct Under the Fair Housing Act (with amendments issued through Sept. 2016)
§100.20 Handicap
Handicap is defined in §100.201.
-
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)
§ 35.108(a)(2) Rules of construction
(2) Rules of construction.
-
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)
§1630.5 Limiting, segregating, and classifying.
unlawful for a covered entity to limit, segregate, or classify a job applicant or employee in a way that adversely affects his or her employment opportunities or status on the basis of disability...
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.5 Limiting, segregating, and classifying
unlawful for a covered entity to limit, segregate, or classify a job applicant or employee in a way that adversely affects his or her employment opportunities or status on the basis of disability...
-
Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Disability Employment Initiative
Disability Employment Initiative
________________________________________________________________
9/29/2010
The U.S....
-
Federal Documents > Technical Assistance > The ADA: Your Employment Rights as an Individual With a Disability
Can an Employer Require Medical Examinations or Ask Questions About a Disability?
Can an Employer Require Medical Examinations or Ask Questions About a Disability?...
-
Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
10. How does an employee with a hearing disability request a reasonable accommodation?
How does an employee with a hearing disability request a reasonable accommodation?
There are no "magic words" that a person has to use when requesting a reasonable accommodation....
-
Research and History > Research Documents > Independent Wheelchair Transfers in the Built Environment: How Transfer Setup Impacts Performance Phase 2: Final Report
Addendum E: Comparison of participants tested at the National Disabled Veterans Winter Sports Clinic (NDVWSC) compared to the participants tested at the Human Engineering Research Laboratories and Hiram G. Andrews Center
9
5
Power Assist
1
2
Scooter
2
1
Table E3: Disability...
-
Webinars, Videos, and Training > Spirit of the ADA
Why I work to remove access barriers for students with disabilities | Haben Girma | TEDxBaltimore
The first Deafblind person to graduate from Harvard Law School, Haben Girma advocates for equal opportunities for people with disabilities....
-
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)
§1630.9(d)
(d) An individual with a disability is not required to accept an accommodation, aid, service, opportunity or benefit which such qualified individual chooses not to accept....
-
Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
Other Disabilities and Multiple Disabilities
In addition to people with permanent or long-term disabilities, there are others who have temporary conditions that affect their usual abilities....