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 > 2012 Texas Accessibility Standards
101.1 General
This document contains scoping and technical requirements for accessibility to sites, facilities, buildings, and elements 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)
Section 36.309 Examinations and Courses (Section-by-Section Analysis)
A disability rights organization supported the Department's proposals and noted that private testing companies impose burdensome documentation requirements upon applicants with disabilities...
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State and Local Documents > Codes and Standards > 2025 California Standards
UNREASONABLE HARDSHIP
The nature of the use of the facility under construction and its availability to persons with disabilities....
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State and Local Documents > Codes and Standards > 2022 California Standards
UNREASONABLE HARDSHIP
The nature of the use of the facility under construction and its availability to persons with disabilities....
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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)
§382.19(c)(1)
(1) You can determine that there is a disability-related safety basis for refusing to provide transportation to a passenger with a disability if you are able to demonstrate that the passenger...
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Additional Access Publications > National Endowment for the Arts ADA Tip Sheet
DEFINITION: SERVICE ANIMAL
A “service animal” is now defined as any dog* individually trained to do work or perform tasks benefitting [sic] an individual with a disability, including a physical, sensory, psychiatric...
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Federal Documents > Standards > 36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards)
§ 1194.3(d)
public to information or data through electronic and information technology, agencies are not required to make products owned by the agency available for access and use by individuals with disabilities...
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State and Local Documents > Guidelines > 36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines)
T101.1 Purpose
Chapters 1 through 7, contain scoping and technical requirements for new, used or remanufactured non-rail vehicles to ensure their accessibility to, and usability by, individuals with disabilities...
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Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments
§ 37.42(d)(3)(iv)
(iv) In reviewing the plan, FRA and FTA will consider factors including, but not limited to, how the proposal maximizes accessibility to individuals with disabilities, any obstacles to the...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Finding Balance
Finding Balance
This historic civil rights legislation seeks to end the unjustified segregation and exclusion of persons with disabilities from the mainstream of American life. . . ....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.42(d)(3)(iv)
(iv) In reviewing the plan, FRA and FTA will consider factors including, but not limited to, how the proposal maximizes accessibility to individuals with disabilities, any obstacles to the...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.31 Vanpools
A vanpool system in this category is deemed to be providing equivalent service to individuals with disabilities if a vehicle that an individual with disabilities can use is made available...
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Federal Documents > Technical Assistance > The ADA and City Governments: Common Problems
Issue: Program Accessibility
Result:
People with disabilities are unable to participate in the activities of city government, such as public meetings, unable to attend city functions, and unable to gain access to...
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Legal Documents > United States of America v. Humboldt County, California - Settlement Agreement
J. PHYSICAL CHANGES TO EMERGENCY SHELTERS
survey all emergency shelters in the County using the survey instrument entitled ADA Checklist for Emergency Shelters, Attachment F to identify barriers to access for individuals with disabilities...
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Legal Documents > United States of America v. Humboldt County, California - Consent Decree
J. PHYSICAL CHANGES TO EMERGENCY SHELTERS
survey all emergency shelters in the County using the survey instrument entitled ADA Checklist for Emergency Shelters, Attachment F to identify barriers to access for individuals with disabilities...
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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 > Expanding Your Market: Accessible Customer Service Practices for Hotel and Lodging Guests with Disabilities
The Market of Travelers Who Benefit from Accessibility
People with disabilities, in the United States and around the world, travel for both business and pleasure and regularly patronize hotels....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
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 carry out tasks excluded all persons with mental disabilities...
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Federal Documents > Preamble to Guidelines > 24 CFR Part 100—Fair Housing Accessibility Guidelines, Preamble
The Commenters
The comments of two disability organizations also were submitted as concurring comments by many individuals and other disability advocacy organizations....
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III 3.11000 Insurance
ILLUSTRATION: A person who has cerebral palsy may not be denied coverage based on disability independent of actuarial risk classification....
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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
Section 2: References
The Surgeon General's Call to Action to Improve the Health and Wellness of Persons with Disabilities....
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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...