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 > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
V. Background on This Rulemaking and Public Comments Received
The Department received a total of 53 comments on the NPRM from organizations representing persons with disabilities, organizations representing educational institutions and testing entities...
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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 36.201(a) (Preamble, Section-by-Section Analysis)
Section 36.201(a) contains the general rule that prohibits discrimination on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges, advantages...
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Federal Documents > Technical Assistance > Employer-Provided Leave and the Americans with Disabilities Act
Additional Information
number of documents that discuss how the ADA addresses various leave issues:
Revised Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities...
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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
Conclusion
Research and professional opinion support the suggestions for improving opportunities for children and youth with disabilities to participate in PE and athletic activity by addressing common...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Introduction
There are five Titles in the Americans with Disabilities Act. Title II is divided into two parts....
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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 36.201(a) (Section-By-Section Analysis and Response to Comments)
Section 36.201(a) contains the general rule that prohibits discrimination on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges, advantages...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-3.9000 Discrimination on the basis of association
A State or local government may not discriminate against individuals or entities because of their known relationship or association with persons who have disabilities....
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Federal Documents > Technical Assistance > Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
3.2 Non-discrimination Legislation.
The following websites contain relevant information concerning disability legislation and how it applies to an airport setting.
1....
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Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
IV. Description of Reporting, Recordkeeping and Other Compliance Requirements.
equipment and customer premises equipment are required by Section 255 to "ensure that the equipment is designed, developed and fabricated to be accessible to and usable by individuals with disabilities...
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Federal Documents > Technical Assistance > Commonly Asked Questions About the Americans with Disabilities Act and Law Enforcement
22. Q. We are building a new prison. Do we need to make it accessible?
All new buildings must be made fully accessible to, and usable by, individuals with disabilities....
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State and Local Documents > State Technical Assistance > CCDA Accessibility Compliance for Businesses: "Myths and Misconceptions"
Short Listing of State and Federal Resources Websites
California Commission on Disability Access
www.ccda.ca.gov
California Building Standards Commission
www.bsc.ca.gov
Division of the State Architect
www.dgs.ca.gov/dsa...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Service Animals
, including a physical, sensory, psychiatric, intellectual, or other mental disability....
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Federal Documents > Technical Assistance > ADA: Know Your Rights - Returning Service Members with Disabilities
New Construction and Alterations
were built or altered since the ADA went into effect must comply with the ADA Standards for Accessible Design so that the facility is accessible to and usable by people who have mobility disabilities...
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Federal Documents > Technical Assistance > Questions and Answers: Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the ADA
To whom does the Guidance apply?
The ADA's requirements regarding disability-related inquiries and medical examinations apply to all of the employees of a covered employer, whether or not they have disabilities....
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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)
§382.29(d)
(d) If, because there is not a seat available on a flight for a safety assistant whom the carrier has determined to be necessary, a passenger with a disability holding a confirmed reservation...
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Federal Documents > Preamble to Regulations > 28 CFR Part 35, Appendix B: 1991 ADA Title II Regulations Preamble and Section-by-Section Analysis
§35.101 Purpose
§35.101 Purpose
Section 35.101 states the purpose of the rule, which is to effectuate subtitle A of title II of the Americans with Disabilities Act of 1990 (the Act), which prohibits...
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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)
§ 36.302(c)(4) General requirements
The work or tasks performed by a service animal shall be directly related to the handler's disability. ...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.136(d) General requirements
The work or tasks performed by a service animal shall be directly related to the handler's disability. ...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
ACCESS
ACCESS
A step-by-step process for resolving issues involving passengers with disabilities appears later in this manual....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12182(b)(2)(A)(i)
(i) the imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and...
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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 and Comments
require that Web sites operated by transportation providers be made accessible to individuals who are blind or visually impaired or otherwise have difficulty using Web sites because of a disability...
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Federal Documents > Technical Assistance > Guide to the ADA Standards
Using the ADA Standards
The design standards issued under the Americans with Disabilities Act (ADA) by the Department of Justice and the Department of Transportation are used to ensure access to the built environment...
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: The ADA: Questions and Answers
Q. What is "reasonable accommodation?"
Reasonable accommodation is a modification or an adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.173 Training requirements
shall ensure that personnel are trained to proficiency, as appropriate to their duties, so that they operate vehicles and equipment safely and properly assist and treat individuals with disabilities...