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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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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Webinars, Videos, and Training > Spirit of the ADA
How to Assess your Business for Accessibility
In America, approximately one in every five people live with a disability....
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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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Links > Federal Department or Agency
DOT/FTA Americans with Disabilities Act (ADA): Guidance Circular FTA C 4710.1
of the Americans with Disabilities Act (ADA) of 1990, Section 504 of the Rehabilitation Act of 1973, as amended, and the U.S....
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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 > 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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Links > Federal Department or Agency
FAA Draft Advisory Circular 150/5360-14A: Access to Airport by Individuals with Disabilities
Office of Airport Safety & Standards - Airport Engineering Division
Description
This AC provides guidance and recommendations for ensuring access to airports by individuals with disabilities...
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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)
Appendix C to Part 36—Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities originally published on July 26, 1991 (1991 Preamble and Section-by-Section Analysis)
Click here for the 1991 Preamble and Section-by-Section Analysis
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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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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 > Technical Assistance > Title I Technical Assistance Manual
1630.7(a)
(a) That have the effect of discriminating on the basis of disability; or...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12112(b)(3)(A)
(A) that have the effect of discrimination on the basis of disability;
or...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12112(b)(3)(A)
(A) that have the effect of discrimination on the basis of disability;...
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Federal Documents > Regulations > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§1630.7(a)
(a) That have the effect of discriminating on the basis of disability; or...
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Federal Documents > Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines
§1193.33(c)(1)
(1) Accessibility requirements of individuals with disabilities;...
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Federal Documents > Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines
§1193.33(c)(2)
(2) Means of communicating with individuals with disabilities;...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.215(b)(1)(iv)
(iv) The volume of complaints by passengers with disabilities....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.215(a)(1)(iv)
(iv) The volume of complaints by passengers with disabilities....
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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....