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 > 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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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
Test A (Section-by-Section Analysis)
Nor is age a disability....
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Corada Voices > Professional Interpretations or Opinions
Accessible Route to Dumpster and Enclosure
By: Dan Woosley
common use circulation paths within work area], 207.1 [accessible means of egress], and 215.3 [wiring for visible alarms] and shall be designed and constructed so that individuals with disabilities...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
2. Whether this person can perform this job without posing a "direct threat" to the health or safety of the person or others
The doctor should be informed that the employer must be able to show that an exclusion of an individual with a disability because of a risk to health or safety meets the "direct threat"...
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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)
What do I do if a passenger claims that he or she is allergic to someone else’s service animal?
First, remember that not all allergies rise to the level of a disability....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND EDX INC. UNDER THE AMERICANS WITH DISABILITIES ACT
GENERAL NONDISCRIMINATION REQUIREMENTS
and subject to the terms and coverage of this Agreement, edX, with respect to www.edx.org, its mobile applications, and the Platform:
Shall not discriminate on the basis of disability...
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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
Sections 35.101 and 36.101—Purpose and Broad Coverage
The proposed language in paragraph (b) stated that the primary purpose of the ADA Amendments Act is to make it easier for people with disabilities to obtain protection under the ADA....
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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)
Additional benefits of water closet clearance standards
Wheelchair users, including veterans returning from our Nation’s wars with disabilities, are taught to transfer onto toilets from the side....
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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)
Additional benefits of water closet clearance standards
Wheelchair users, including veterans returning from our Nation's wars with disabilities, are taught to transfer onto toilets from the side....
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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 > 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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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...