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 > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12182(b)(1)(A)(iii) Separate benefit
(iii) Separate benefit
It shall be discriminatory to provide an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly,...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Assistive Device:
Any piece of equipment that assists a passenger with a disability in carrying out a major life activity....
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Federal Documents > Preamble to Guidelines > 36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines) - Preamble
D. Unfunded Mandates Reform Act
final rules that enforce constitutional rights of individuals or enforce statutory rights that prohibit discrimination on the basis of race, color, sex, national origin, age, handicap, or disability...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
Sec.36.202(c) Separate benefit
A public accommodation shall not provide an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual...
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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)
§ 36.202(c) Separate benefit.
A public accommodation shall not provide an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual...
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Additional Access Publications > Emergency Travel Safety Tips for Overnight Stays
Contents:
Items with a [*] are specific for people with disabilities who because of a variety of disabilities (mobility, breathing, allergies, hearing, seeing, walking, understanding or chronic conditions...
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Federal Documents > Technical Assistance > 2013 Forest Service Outdoor Recreation Accessibility Guidelines (FSORAG)
Wheelchair
A person whose disability requires use of a wheelchair or mobility device may use a wheelchair or mobility device that meets this definition anywhere foot travel is permitted (36 CFR 212...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CAVALIERS OPERATING COMPANY, LLC
III. JURISDICTION
Patrons with Disabilities are individuals with a disability as defined in 42 U.S.C. § 12102(2) and 28 C.F.R. § 36.104....
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
The Time Has Come
The Time Has Come
I have supported the ADA because I believe it is a just and fair bill, which will bring equality to the lives of all Americans with disabilities....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.27(b)
transportation of school children to and from a private elementary or secondary school, and its school-related activities, if the school is providing transportation service to students with disabilities...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.123(e)(2)
(2) Any individual with a disability who needs the assistance of a wheelchair lift or other boarding assistance device and is able, with such assistance, to board, ride and disembark from...
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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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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12182(b)(1)(D)(i)
(i) that have the effect of discriminating on the basis of disability; or...
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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)
§ 36.105(g) Exclusions
The term “disability” does not include—...
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
4.1.2(7)(a)
(a) Parking spaces designated as reserved for individuals with 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)
§ 35.108(g) Exclusions
The term “disability” does not include—...
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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...