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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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PAROWAN, UTAH DJ # 205-77-1
Employees
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...
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Legal Documents > United States of America v. Washington Hospital Center - Settlement Agreement
II. COORDINATION AND OVERSIGHT
While the process for raising an ADA concern will be the same as for other patient complaints, the ADA Disability Assistance Number and ADA Disability Assistance Process shall be separately...
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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)
§382.19(c)(1)
(1) You can determine that there is a disability-related safety basis for refusing to provide transportation to a passenger with a disability if you are able to demonstrate that the passenger...
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Additional Access Publications > National Endowment for the Arts ADA Tip Sheet
DEFINITION: SERVICE ANIMAL
A “service animal” is now defined as any dog* individually trained to do work or perform tasks benefitting [sic] an individual with a disability, including a physical, sensory, psychiatric...
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Federal Documents > Standards > 36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards)
§ 1194.3(d)
public to information or data through electronic and information technology, agencies are not required to make products owned by the agency available for access and use by individuals with disabilities...
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State and Local Documents > Guidelines > 36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines)
T101.1 Purpose
Chapters 1 through 7, contain scoping and technical requirements for new, used or remanufactured non-rail vehicles to ensure their accessibility to, and usability by, individuals with disabilities...
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Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments
§ 37.42(d)(3)(iv)
(iv) In reviewing the plan, FRA and FTA will consider factors including, but not limited to, how the proposal maximizes accessibility to individuals with disabilities, any obstacles to the...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Finding Balance
Finding Balance
This historic civil rights legislation seeks to end the unjustified segregation and exclusion of persons with disabilities from the mainstream of American life. . . ....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.42(d)(3)(iv)
(iv) In reviewing the plan, FRA and FTA will consider factors including, but not limited to, how the proposal maximizes accessibility to individuals with disabilities, any obstacles to the...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.31 Vanpools
A vanpool system in this category is deemed to be providing equivalent service to individuals with disabilities if a vehicle that an individual with disabilities can use is made available...
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Links > State Department or Agency
California Capital Access Program (CalCAP) Americans With Disabilities Act (ADA) Financing Program
Designed to assist small businesses with financing the costs to alter or retrofit existing facilities to comply with the requirements of the federal Americans With Disabilities Act of 1990...
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Federal Documents > Technical Assistance > ADA Requirements - Testing Accommodations
What Kind Of Documentation Is Sufficient To Support A Request For Testing Accommodations?
of the candidate’s disability and his or her need for the requested testing accommodation. ...
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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 July 2003)
§ 382.39 Provision of services and equipment
Carriers shall ensure that qualified individuals with a disability are provided the following services and equipment:
(a) Carriers shall provide assistance requested by or on behalf of...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
2. Job Restructuring
Job Restructuring
Job restructuring or job modification is a form of reasonable accommodation which enables many qualified individuals with disabilities to perform jobs effectively....
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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)
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 perform tasks excluded all individuals with mental disabilities...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Reasonable Modification of Policies, Practices, and Procedures
Sometimes a practice that seems neutral makes it difficult or impossible for a person with a disability to participate....
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Legal Documents > WILLITS, et al v. CITY OF LOS ANGELES - Settlement Agreement and Release of Claims
3. No Findings of Liability or Wrongdoing
addition, the District Court made no findings that the City, with respect to any Pedestrian Facilities located in the City: (i) acted intentionally to discriminate against persons with disabilities...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Examples of Alternative Formats
Sample notice (long)
Americans with Disabilities Act
(Name of public entity) does not discriminate on the basis of disability in its services, programs, or activities....
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-4.1100 General
ILLUSTRATION 1: A restaurant has an unofficial policy of seating individuals with visible disabilities in the least desirable parts of the restaurant....
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Legal Documents > United States of America v. Washington Hospital Center - Settlement Agreement
I. BACKGROUND
, in violation of Title III of the Americans with Disabilities Act, 42 U.S.C. §§12181 et seq....
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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
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
In this vein, we draw your attention to the fact that many Electronic and Information Technology (EIT) devices and systems are inaccessible to people with disabilities, limiting their ability...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
7.6 Training
7.6 Training
Employees with disabilities must be provided equal opportunities to participate in training to improve job performance and provide opportunity for advancement....
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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
Appendix C: Resources
National Center on Physical Activity and Disability
www.ncpad.org
NCPAD is supported by the Centers for Disease Control and Prevention (CDC)....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
E. Services in the Cabin
Within the aircraft cabin, when requested by a passenger with a disability or when offered and accepted by a passenger with a disability, you must assist the passenger in:
moving...