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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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...
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Federal Documents > Technical Assistance > Accessible Play Areas - A Summary of Accessibility Guidelines for Play Areas
ADA
ADA - Americans with Disabilities Act....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
6.3 Examinations and Inquiries Before Employment
This prohibition is necessary because the results of such inquiries and examinations frequently are used to exclude people with disabilities from jobs they are able to perform....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
D. Beyond TTYs: Providing 9-1-1 and Emergency Services Via New Communication Technologies
Some people who have hearing disabilities do not have access to TTYs....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
F. Emergency Shelter Programs
Regardless of who operates a shelter, the ADA generally requires shelter operations to be conducted in a way that offers people with disabilities the same benefits – e.g., safety, comfort...
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Rulemaking Process Documents > Committee Activity and Reports > Recommendations on Standards for the Design of Medical Diagnostic Equipment for Adults with Disabilities, Advisory Committee Final Report
Background
A recent study published in the Journal of Women's Health, highlighted that women with disabilities may be less likely to receive a mammogram compared to women without a disability....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Number of accessible cells. (Section-by-Section Analysis)
requires at least two percent (2%), but no fewer than one, of the cells in newly constructed detention and correctional facilities to have accessibility features for individuals with mobility disabilities...
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Additional Access Publications > Emergency Evacuation Preparedness: Taking Responsibility For Your Safety A Guide For People with Disabilities and Other Activity Limitations
Avoid Avoidance
September 11, 2001 is just one more wake‑up call for the disability community, requiring us to pay attention to these issues. ...
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State and Local Documents > State Technical Assistance > CCDA Accessibility Compliance for Businesses: "Myths and Misconceptions"
15. I have always had a clearly posted "no pets" policy at my establishment. Do I still have to allow service animals?
The ADA requires you to modify your "no pets" policy to allow the use of a service animal by a person with a disability....
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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)
R101 Purpose (Section-by-Section Analysis)
scoping and technical requirements to ensure that facilities for pedestrian circulation and use located in the public right-of-way are readily accessible to and usable by pedestrians with disabilities...
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Legal Documents > United States of America v. Humboldt County, California - Settlement Agreement
A. INTRODUCTION
The United States brought this civil action to enforce Title II of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12131–12134 and the U.S....
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Legal Documents > Metzler et al. v. Kaiser Foundation Health Plan, Inc. et al.
RECITALS
and the general public, against Kaiser, in the Superior Court for the State of California, Alameda County, Case No. 829265-2, alleging that Kaiser fails to provide people with mobility disabilities...
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Legal Documents > United States of America v. Humboldt County, California - Consent Decree
A. INTRODUCTION
The United States brought this civil action to enforce Title II of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12131–12134 and the U.S....