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 > 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...
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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....