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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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
What questions can a public entity ask to determine if a dog is a service animal?
In situations where it is not obvious that a dog is a service animal, a public entity may ask two questions: (1) is the dog a service animal required because of a disability?...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
You must provide timely enplaning, deplaning, and connecting assistance
You must provide timely enplaning, deplaning, and connecting assistance to passengers with disabilities requesting such assistance....
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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)
§ 36.301(a) General
A public accommodation shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities...
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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(d)(1)(v)
(v) An impairment is a disability within the meaning of this part if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
Sec.36.301(a) General
A public accommodation shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities...
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Induction of Justin W. Dart Jr. and Helen Keller into Labor Hall of Honor
and Helen Keller into Labor Hall of Honor
________________________________________________________________
7/26/2010
In celebration of the 20th anniversary of the Americans with Disabilities...
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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)
§1630.15(c) Other disparate impact charges
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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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND SOUTH CAROLINA DEPARTMENT OF CORRECTIONS UNDER THE AMERICANS WITH DISABILITIES ACT
I. PURPOSE
Agreement reaffirms and restates the SCDC's obligations to provide appropriate auxiliary aids and services whenever necessary to ensure effective communication with inmates who have hearing disabilities...
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Federal Documents > Standards > Uniform Federal Accessibility Standards (UFAS)
4.6.2 LOCATION
Parking spaces for disabled people and accessible passenger loading zones that serve a particular building shall be the spaces or zones located closest to the nearest accessible entrance...
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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)(ix)
(ix) The six-month “transitory” part of the “transitory and minor” exception to “regarded as” coverage in §1630.15(f) does not apply to the definition of “disability” under paragraphs (g...
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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)
§ 35.108(d)(1)(v)
(v) An impairment is a disability within the meaning of this part if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the...
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Rulemaking Process Documents > Committee Activity and Reports > Recommendations on Standards for the Design of Medical Diagnostic Equipment for Adults with Disabilities, Advisory Committee Final Report
Section 2: References
The Surgeon General's Call to Action to Improve the Health and Wellness of Persons with Disabilities....
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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)
Appendix C to Part 36—Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities originally published on July 26, 1991 (1991 Preamble and Section-by-Section Analysis)
Click here for the 1991 Preamble and Section-by-Section Analysis
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Federal Documents > Technical Assistance > Expanding Your Market: Accessible Customer Service Practices for Hotel and Lodging Guests with Disabilities
The Market of Travelers Who Benefit from Accessibility
People with disabilities, in the United States and around the world, travel for both business and pleasure and regularly patronize hotels....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Comfort animals vs. psychiatric service animals.
language, some individuals and entities have assumed that the requirement that service animals must be individually trained to do work or carry out tasks excluded all persons with mental disabilities...
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Federal Documents > Preamble to Guidelines > 24 CFR Part 100—Fair Housing Accessibility Guidelines, Preamble
The Commenters
The comments of two disability organizations also were submitted as concurring comments by many individuals and other disability advocacy organizations....
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III 3.11000 Insurance
ILLUSTRATION: A person who has cerebral palsy may not be denied coverage based on disability independent of actuarial risk classification....
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Federal Documents > Technical Assistance > The ADA and City Governments: Common Problems
Issue: Program Accessibility
Result:
People with disabilities are unable to participate in the activities of city government, such as public meetings, unable to attend city functions, and unable to gain access to...
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Legal Documents > United States of America v. Humboldt County, California - Settlement Agreement
J. PHYSICAL CHANGES TO EMERGENCY SHELTERS
survey all emergency shelters in the County using the survey instrument entitled ADA Checklist for Emergency Shelters, Attachment F to identify barriers to access for individuals with disabilities...
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Legal Documents > United States of America v. Humboldt County, California - Consent Decree
J. PHYSICAL CHANGES TO EMERGENCY SHELTERS
survey all emergency shelters in the County using the survey instrument entitled ADA Checklist for Emergency Shelters, Attachment F to identify barriers to access for individuals with disabilities...
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Federal Documents > Technical Assistance > Fact Sheet: Highlights of the Final Rule to Amend the Department of Justice's Regulation Implementing Title III of the ADA
5. Service Animals
The rule defines "service animal" as a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability....
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Federal Documents > Technical Assistance > Fact Sheet: Highlights of the Final Rule to Amend the Department of Justice's Regulation Implementing Title II of the ADA
5. Service Animals
The rule defines "service animal" as a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability....
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Federal Documents > Preamble to Guidelines > 36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)
Accessible Routes at Security Barriers
It also requires that people with disabilities be able to maintain visual contact with their personal items to the same extent afforded others passing through barriers.
Comment....
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State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
101.1 General
This document contains scoping and technical requirements for accessibility to sites, facilities, buildings, and elements by individuals with disabilities....