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 > 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....
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
Annex B GOVERNMENT RESOURCES
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Federal Documents > Technical Assistance > Statement of the Department of Justice on Application of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. to State and Local Governments’ Employment Service Systems for Individuals with Disabilities
Footnotes
[t]hat have the effect of subjecting qualified individuals with disabilities to discrimination on the basis of disability”).
16 28 C.F.R. pt. 35, app....
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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)
Section 36.309 Examinations and Courses (Section-by-Section Analysis)
A disability rights organization supported the Department's proposals and noted that private testing companies impose burdensome documentation requirements upon applicants with disabilities...
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Federal Documents > Technical Assistance > Protecting the Rights of Parents and Prospective Parents with Disabilities: Technical Assistance for State and Local Child Welfare Agencies and Courts
10. When a child welfare agency or court provides or requires an assessment of a parent during the processing of the child welfare case, what do Title II and Section 504 require regarding the assessment?
require that assessments be individualized.84 An individualized assessment is a fact-specific inquiry that evaluates the strengths, needs, and capabilities of a particular person with disabilities...
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Federal Documents > Technical Assistance > ADA: Know Your Rights - Returning Service Members with Disabilities
Introduction
Introduction
The ADA is a civil rights law that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Individual Safety Briefings
Individual Safety Briefings
Under certain circumstances, you must provide individual safety briefings to a passenger with a disability....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PAROWAN, UTAH DJ # 205-77-1
BACKGROUND
Under Title I of the ADA, it is unlawful for an employer to make inquiries as to whether an applicant is an individual with a disability or as to the nature of such disability before making...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-4.3200 Reasonable accommodation
All public entities must make "reasonable accommodation" to the known physical or mental limitations of otherwise qualified applicants or employees with disabilities, unless the public entity...
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Products and Additional Resources > Products
Sargent Keypad Mortise Locks
interrogation output, and may add user codes
Operates utilizing any one to six digits per code - digits may be repeated or start with ‘0’
Entry of three wrong user codes in succession disables...
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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)
§382.95(a)
(a) As a carrier, you must promptly provide or ensure the provision of assistance requested by or on behalf of passengers with a disability, or offered by carrier or airport operator personnel...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.15(c)
It may be a defense to a charge of discrimination brought under this part that a uniformly applied standard, criterion, or policy has a disparate impact on an individual with a disability...
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
OCCUPANT NOTIFICATION SYSTEMS
People with cognitive disabilities can hear standard alarms and voice announcements and see visual indicators that warn of danger and the need to evacuate....