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 > Technical Assistance > ADA Update - A Primer for State and Local Governments (Title II Primer)
Reasonable Modification of Policies 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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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
"Direct Threat" to Self
A determination that a person might cause harm to himself or herself cannot be based on stereotypes, patronizing assumptions about a person with a disability, or generalized fears about...
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Legal Documents > WILLITS, et al v. CITY OF LOS ANGELES - Settlement Terms
Recitals
the City has, in its handling of curbs, sidewalks, and pedestrian rights of way located in the City of Los Angeles: (i) acted intentionally to discriminate against persons with mobility disabilities...
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
Reasonable Accommodation
-3.1 OVERVIEW OF LEGAL OBLIGATIONS
An employer must provide a reasonable accommodation to the known physical or mental limitations of a qualified applicant or employee with a disability...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Program Accessibility
The legislator can meet a person with a disability at another accessible location....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
E202.6.2 Alternative Means (Section-by-Section Analysis)
E202.6.2 Alternative Means (Section-by-Section Analysis)
This section proposes to require agencies to provide individuals with disabilities the information and data that would have been...
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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)
§382.91(b)
(b) You must also provide or ensure the provision of assistance requested by or on behalf of a passenger with a disability, or offered by carrier or airport operator personnel and accepted...
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Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.9(e)
2008 that an individual is not entitled to reasonable accommodation under the ADA if the individual is only covered under the “regarded as” prong of the definition of “individual with a disability...
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Federal Documents > Standards > 36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards)
§ 1194.21(b)
(b) Applications shall not disrupt or disable activated features of other products that are identified as accessibility features, where those features are developed and documented according...
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Federal Documents > Regulations > 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through Aug. 2015)
§27.5 Special service system
Special service system means a transportation system specifically designed to serve the needs of persons who, by reason of disability, are physically unable to use bus systems designed for...
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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 (2008 Title III NPRM)
§ 36.302(c)(6) Inquiries
A public accommodation shall not ask about the nature or extent of a person's disability, but can determine whether an animal qualifies as a service animal....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
End Note
By the authority vested in me as Attorney General by law, including 28 U.S.C. 509 and 510, 5 U.S.C. 301, and section 204 of the Americans with Disabilities Act, Pub....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.136(f) Inquiries
A public entity shall not ask about the nature or extent of a person's disability, but can determine whether an animal qualifies as a service animal. ...
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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)
§ 36.302(f)(5)(iii)(B) Series-of-events tickets when ownership rights are attached
otherwise returned to a public accommodation, the public accommodation shall make reasonable modifications in its policies, practices, or procedures to afford individuals with mobility disabilities...
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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)
§ 35.138(e)(3)(ii)
forfeited or otherwise returned to a public entity, the public entity shall make reasonable modifications in its policies, practices, or procedures to afford individuals with mobility disabilities...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.47(d)(1)
(1) The public entity shall consult with individuals with disabilities affected by the plan....
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
REASONABLE PORTION
[DSA-AC] That segment of a building, facility, area, space or condition, which would normally be necessary if the activity therein is to be accessible by persons with disabilities....
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-3.6200 Personal services and devices
A public entity is not required to provide individuals with disabilities with personal or individually prescribed devices, such as wheelchairs, prescription eyeglasses, or hearing aids,...
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State and Local Documents > Codes and Standards > 2019 California Standards
REASONABLE PORTION
[DSA-AC] That segment of a building, facility, area, space or condition, which would normally be necessary if the activity therein is to be accessible by persons with disabilities....
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Research and History > Committee Reports > Access for All: Five Years of Progress - A Report from the Department of Justice on Enforcement of the Americans with Disabilities Act
V. PROVIDING TECHNICAL ASSISTANCE
The Information Line is a key link between the public and the Department's Disability Rights Section....
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Federal Documents > Standards > 2010 ADA Standards
Public Rights-of-Way: ADA Standard Section 1.
The Board’s aim in developing these guidelines is to ensure that access for persons with disabilities is provided wherever a pedestrian way is newly built or altered, and that the same degree...
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State and Local Documents > Codes and Standards > 2022 California Standards
EQUIVALENT FACILITATION
Note: In determining equivalent facilitation, consideration shall be given to means that provide for the maximum independence of persons with disabilities while presenting the least risk...
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Links > Publication
Best Practices for Accessible Prescription Drug Labeling Brochure
Access Board’s (http://www.access-board.gov) 18-member working group with representation of national disability organizations and industry groups representing retail, mail order, and independent...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Best Practices
If you have one to include please fill out the form:
Submit a Best Practice
Selected Best Practices:
Disability Services Facilitators: Increasing Enforcement of Inclusive City...