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 > 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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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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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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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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State and Local Documents > Codes and Standards > 2025 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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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 > 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....
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Federal Documents > Technical Assistance > Technical Bulletin: Ground and Floor Surfaces
Technical Bulletin: Ground and Floor Surfaces
The landmark Americans with Disabilities Act (ADA), enacted on July 26, 1990, provides comprehensive civil rights protections to individuals with disabilities in the areas of employment...
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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)
Service animals.
The Department wishes to clarify the obligations of public accommodations to accommodate individuals with disabilities who use service animals. ...
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Additional Access Publications > ADA For Lodging: Best Practices and Standards
Introduction
section provides recommendations on best practices for physical accessibility and customer service that go above and beyond the minimum requirements contained within the 2010 Americans with Disabilities...
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Legal Documents > WILLITS, et al v. CITY OF LOS ANGELES - Settlement Agreement and Release of Claims
A. Accessibility Laws
"Accessibility Laws" means all local, state and federal laws and regulations requiring, promoting, and/or encouraging equal or improved access to persons with disabilities (including, without...
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Federal Documents > Technical Assistance > Protecting the Rights of Persons Living with HIV/AIDS
Protecting the Rights of Persons Living with HIV/AIDS
Department of Justice
Civil Rights Division
Disability Rights Section
PROTECTING THE RIGHTS OF PERSONS LIVING WITH HIV/AIDS
"On this day, let us rededicate ourselves to continuing...
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Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture (ANPRM)
viii. Hospital beds and gurneys
Hospital beds and gurneys
Hospital beds and gurneys can be inaccessible to individuals with mobility 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)
§1630.16(e)(1) In general
If an individual with a disability is disabled by one of the infectious or communicable diseases included on this list, and if the risk of transmitting the disease associated with the handling...