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 > 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(j)(1)(ii)
(ii) An impairment is a disability within the meaning of this section if it substantially limits the ability of an individual to perform a major life activity as compared to most people...
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
The Rehabilitation Act
_______________________________________________________
9/26/1973
The Rehabilitation Act of 1973 marks a major step forward in legislation impacting the employment of 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)
§ 35.136(h) Surcharges
A public entity shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.171 Equivalency requirement for demand responsive service operated by private entities not primarily engaged in the business of transporting people
the business of transporting people which operates a demand responsive system shall ensure that its system, when viewed in its entirety, provides equivalent service to individuals with disabilities...
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Links > Employment
Post-Offer Employment Testing
Post-Offer Employment Testing
Cost: $295.00
Instructor: Roy Matheson, ADAC
Contact Hours: 6 NBCOT CRAC
Next On-Demand, Your Pace Class: Now!
Do a conditional hire’s...
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Links > Nonprofit Organization
National Center for Blind Youth in Science (NCBYS)
For too long blind youth have been denied full participation in public school science classrooms. Are dissections too dangerous? Should blind youth sit on the sidelines rather than...
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Legal Documents > United States of America v. Quiktrip Corporation - Consent Decree
EXHIBIT G
Language for Sign/Decal QuikTrip is committed to full compliance with the Americans with Disabilities Act (ADA)....
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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
TEACHING STYLE
Inclusive teaching styles create a climate and culture of participation for children and youth with and without disabilities....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Service Animal:
Any animal that is individually trained or able to provide assistance to a qualified person with a disability or any animal shown by documentation to be necessary for the emotional well...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF DEKALB, ILLINOIS
Employees
The City shall not require a medical examination or make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CAVALIERS OPERATING COMPANY, LLC
F. POLICIES AND PROCEDURES
Effective Date of this Agreement, the Cavs shall develop and post in a prominent location at each entrance to Quicken Loans Arena a written policy statement indicating that all persons with disabilities...
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Federal Documents > Standards > Uniform Federal Accessibility Standards (UFAS)
A4.3.1(1) Travel Distances
Many disabled person can move at only very slow speeds; for many, traveling 200 ft (61 m) could take about 2 minutes. This assumes a rate of about 1.5 ft/s (455 mm/s) on level ground....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PHILADELPHIA AND THE PHILADELPHIA POLICE DEPARTMENT
Signatures
BOND
Chief
Disability Rights Section
KATHLEEN P. WOLFE
Special Litigation Counsel
Disability Rights Section
KEVIN J....
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Federal Documents > Preamble to Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)
Seating Accommodations
Some disability community commenters suggested that, if adequate seating accommodations for a person with a disability were not present, the individual should be seated in business or first...
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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 36.311 Mobility Devices (Section-by-Section Analysis)
Individuals with disabilities have sued several shopping malls in which businesses refused to allow a person with a disability to use an EPAMD. ...
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Federal Documents > Technical Assistance > Access for 9-1-1 and Telephone Emergency Services
I. Introduction
The Americans with Disabilities Act (ADA) requires all Public Safety Answering Points (PSAPs) to provide direct, equal access to their services for people with disabilities who use teletypewriters...
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Legal Documents > United States of America v. Ahold USA, Inc. and Peapod, LLC - Settlement Agreement
GENERAL NONDISCRIMINATION REQUIREMENTS
Shall not discriminate on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations provided through www.peapod.com...
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Federal Documents > Technical Assistance > Department of HHS Dear Colleague Letter: Guidance and Resources for Electronic Information Technology: Ensuring Equal Access to All Health Services and Benefits Provided Through Electronic Means
Electronic Health Records
Electronic Health Records
Finally, electronic health records (EHRs) of covered entities must be accessible to people with disabilities so that all patients are able to access their records...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
C. General Complaint Resolution Tips
First and foremost, you must not violate the civil rights of passengers with a disability....
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Federal Documents > Technical Assistance > ADA Requirements - Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices
Overview
Overview
People with mobility, circulatory, respiratory, or neurological disabilities use many kinds of devices for mobility. Some use walkers, canes, crutches, or braces....
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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
Resources
People with Disabilities and Other Special Needs, http://www.disabilitypreparedness.com/emergency_planning_for_people_wi.htm, (no date)....
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-202.3 Alterations
If providing accessibility in compliance with these requirements for people with one type of disability (e.g., people who use wheelchairs) is not feasible, accessibility must still be provided...
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State and Local Documents > Codes and Standards > 2022 California Standards
UNREASONABLE HARDSHIP
The nature of the use of the facility under construction and its availability to persons with disabilities....