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 > 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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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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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 > 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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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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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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Corada Voices > General Comments or Questions
Re: Service Counters
By: David Carlson
The intent of this section of the code is to provide not only an accessible counter surface for the disabled to utilize, but also to allow a free flow interaction with an employee on the...
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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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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
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...