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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Additional Access Publications > Emergency Health Information
About the Guide’s Author
June Isaacson Kailes (http://www.jik.com) operates a Disability Policy Consulting practice and is the Associate Director, Harris Family Center for Disability and Health Policy at Western...
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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)
§382.31 May carriers impose special charges on passengers with a disability for providing services and accommodations required by this rule?
[Doc. No. DOT-OST-2004-19482, 73 FR 27665, May 13, 2008, as amended at 78 FR 67914, Nov. 12, 2013]
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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)
382.157 What are carriers obligations for recordkeeping and reporting on disability-related complaints?
382.157 What are carriers obligations for recordkeeping and reporting on disability-related complaints?...
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
Other Disabilities and Multiple Disabilities
In addition to people with permanent or long-term disabilities, there are others who have temporary conditions that affect their usual abilities....
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Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
6. When may an employer ask an employee if a hearing impairment, or some other medical condition, may be causing her performance problems?
Generally, an employer may ask disability-related questions or require an employee to have a medical examination when it knows about a particular employee's medical condition, has observed...
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Federal Documents > Technical Assistance > Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools
Q7: Is learning the only major life activity that a school district must consider in determining if a student has a disability under Section 504 and Title II?
A student has a disability under Section 504 and Title II if a major life activity is substantially limited by his or her impairment....
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Webinars, Videos, and Training > Spirit of the ADA
Love Story: Seeing Beyond the Disability! | Elizabeth Wampler & Stephen Wampler | TEDxCincinnati
Navigating the brave new world of disability, and the possibilities therein.
Elizabeth Wampler is married to Steve Wampler, and together they have two teenaged children....
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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
7. What remedies address violations of the ADA’s integration mandate in the context of disability employment systems?
Various indicators of integration are relevant to Olmstead employment remedies, such as individuals with disabilities’ interaction with non-disabled persons to the fullest extent possible...
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Webinars, Videos, and Training > Spirit of the ADA
Able Privilege, Re-Conceptualizing Disability: Alan Larson at TEDxSFA
In the spirit of ideas worth spreading, TEDx is a program of local, self-organized events that bring people together to share a TED-like experience. At a TEDx event, TEDTalks video...
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Webinars, Videos, and Training > Spirit of the ADA
Promoting the status of women with disabilities | Bethany Hoppe | TEDxNashville
Hoppe is an author and speaker who advocates for the rights of women with disabilities through writing, speaking, performance, and educational outreach....
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Federal Documents > Technical Assistance > Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools
Q12: Should school districts conduct FAPE evaluations as described in the Section 504 regulation for students who, prior to the Amendments Act, had health problems but might not have been considered persons with a disability?
A: The answer depends upon whether, because of the health problem, that student has a disability and, because of that disability, needs, or is believed to need, special education or related...
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Webinars, Videos, and Training > Spirit of the ADA
Disability: more than meets the eye | Pam Relph | TEDxUniversityofBirmingham
Paralympic Champion Pamela Relph discusses the changing perceptions of people with disabilities and how that has been affectedly the media....
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Webinars, Videos, and Training > Spirit of the ADA
Removing the Stigma of Disability | Adam Pearson | TEDxBrighton
Adam will share important lessons he has learned while carving out a career for himself in the public eye, whilst overcoming the stigma attached to his disfigurements.
Adam...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)
Americans with Disabilities Act
Americans with Disabilities Act
The Americans with Disabilities Act (42 U.S.C. 12101 et seq.) is a federal civil rights law that prohibits discrimination against individuals with disabilities...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Refusal of Transportation
Carriers cannot refuse transportation to a qualified individual with a disability solely because the person’s disability results in appearance or involuntary behavior that may offend, annoy...
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
ADDITIONAL PROHIBITIONS {35.130}
significant assistance to an agency, organization, or person that discriminates
Deny participation on planning or advisory boards
Otherwise limit a qualified individual with a disability...
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Research and History > Research Documents > Anthropometry for Persons with Disabilities
Sampling Strategies
This is because these three demographic parameters account for much of the anthropometric variability in a non-disabled population....
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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)
382.41 What flight-related information must carriers provide to qualified individuals with a disability?
382.41 What flight-related information must carriers provide to qualified individuals with a disability?...
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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)
§ 382.31 Refusal of transportation
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
14. Does an employer have to provide reasonable accommodation to enable an employee with a disability to have equal access to information communicated in the workplace to non-disabled employees?
Employers must ensure that employees with disabilities have access to information that is provided to other similarly-situated employees without disabilities, regardless of whether they...
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Federal Documents > Technical Assistance > QUESTIONS AND ANSWERS: THE AMERICANS WITH DISABILITIES ACT AND HIRING POLICE OFFICERS
1. Q: Who is a "qualified individual with a disability" for employment?
A: A qualified individual with a disability is an employee or job applicant who meets legitimate skill, experience, education, or other requirements of an employment position that he or...
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Corada Voices > Possible Solutions or Design Ideas
Design Features and Accommodations for those with Depression, PTSD, & Other Mental Health Conditions in the Workplace
By: Sarah Koch
Postpartum depression is considered a disability, and employers are responsible to provide accommodations in these situations....
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Federal Documents > Technical Assistance > Questions and Answers: The ADA and Persons with HIV/AIDS
Are people living with HIV or AIDS protected by the ADA?
An individual has a “disability” under the ADA if he or she has a physical or mental impairment that substantially limits one or more major life activities, including major bodily functions...
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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)
§ 35.130(a)
(a) No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a...