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 > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.42(a)
approved for entry into final design or that begin construction or alteration of platforms on or after February 1, 2012, that the following performance standard is met: individuals with disabilities...
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Federal Documents > Standards > 2010 ADA Standards
Ground Level Play Components: ADA Standard Section 240.2.1
Section 240.2.1 covers scoping requirements in the current ADA Standards for ground level play components.
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-240.2.1 Ground level play components
Ground level play components accessed by children with disabilities must be integrated into the play area....
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Webinars, Videos, and Training > Spirit of the ADA
Congresswoman Tammy Duckworth Can't Get Gas
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
APPENDIX RESOURCES FOR LOCATING REASONABLE ACCOMMODATIONS
The EEOC also has discussed issues involving reasonable accommodation in the following guidances and documents: (1) Enforcement Guidance: Preemployment Disability-Related Questions and Medical...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND OLYMPIA ENTERTAINMENT, INC. REGARDING JOE LOUIS ARENA
B. Ticket Policies and Pricing:
Per 28 C.F.R. §36.302(f)(8), Olympia may not require proof of disability, including, for example, a doctor’s note, before selling tickets for a Wheelchair Seat. ...
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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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State and Local Documents > State Technical Assistance > Electric Vehicle Charging Stations, Accessibility: FAQs
Are the ADA spaces ADA-only? Vans only in Van accessible spaces?
spaces which display the International Symbol of Accessibility (ISA), sometimes referred to as the wheelchair symbol, are generally understood to be reserved for the exclusive use of a disabled...
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Additional Access Publications > Health Access for Independent Living (HAIL) Fact Sheet: Working with Your Health Care Provider
Physical Barriers
People with disabilities may find it difficult to access their health care provider because of the physical space or architecture of the medical office....
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
PROGRAM ACCESSIBILITY {Subpart D}
PROGRAM ACCESSIBILITY {Subpart D}
“Except as otherwise provided for in (existing facilities), no qualified individual with a disability shall, because a public entity’s facilities are...
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Federal Documents > Technical Assistance > Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act
18. Q: Must we admit children with mental retardation and include them in all center activities?
If other children are included in group sings or on playground expeditions, children with disabilities should be included as well....
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Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture (ANPRM)
E. Beds in nursing homes and other care facilities
and other care facilities
Nursing homes, assisted living facilities, and other care facilities may have beds that are too high or too low, which can be a problem for individuals with disabilities...
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Workforce Recruitment Program
Workforce Recruitment Program
________________________________________________________________
1995
The Workforce Recruitment Program (WRP) for College Students with Disabilities...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ATLANTIS EVENTS, INC. UNDER THE AMERICANS WITH DISABILITIES ACT
E. Reservations
policy will be that when booking accessible cabins, Atlantis will hold available accessible cabins until those cabins are the last cabins booked, unless they are booked by a person with a disability...
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Federal Documents > Technical Assistance > 24 CFR Part 8 Nondiscrimination on the Basis of Disability in Federally Assisted Programs and Activities - Notice: Instructions for use of alternative accessibility standard
Additions—Section 202.2 of the 2010 Standards
Section 202.2 of the 2010 Standards contains scoping requirements which may, in certain situations, afford less accessibility for individuals with disabilities than is currently provided...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12112(d)(3)(A)
(A) all entering employees are subjected to such an examination regardless of disability;...
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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)
§382.41(f)
(f) The types of services to passengers with a disability that are or are not available on the flight....
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Federal Documents > Regulations > 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through Aug. 2015)
§27.13(b)(2)
(2) The procedures must be accessible to and usable by individuals with disabilities;...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12112(d)(3)(A)
(A) all entering employees are subjected to such an examination regardless of disability;...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12143(c)(1)(B)
(B) to one other individual accompanying the individual with the disability; and...
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Federal Documents > Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines
§1193.23(b)(3)
(3) Working cooperatively with appropriate disability-related organizations; and...