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 Part 37 - Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices
§ 37.17(b)(2)
(2) The procedures must be accessible to and usable by individuals with disabilities;...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.17(b)(2)
(2) The procedures must be accessible to and usable by individuals with disabilities;...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Ticketing (Assembly areas, not parking.)
If a group includes one or more individuals who need to use accessible seating because of a mobility disability or because their disability requires the use of the accessible features that...
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State and Local Documents > Codes and Standards > 2022 California Standards
1.9.1.1 Application
Publicly funded buildings, structures, sidewalks, curbs and related facilities shall be accessible to and usable by persons with disabilities as follows:
Advisory 1.9.1.1 Application...
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Legal Documents > United States of America v. The International Spy Museum - Settlement Agreement
B. JURISDICTION
Under title III, the Museum must ensure that no individual with a disability is discriminated against on the basis of a disability in the full and equal enjoyment of the Museum's goods,...
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Legal Documents > United States of America v. Ahold USA, Inc. and Peapod, LLC - Settlement Agreement
EXHIBIT A
Peapod provides effective communication with persons with disabilities, and ensures that individuals with disabilities are not excluded from use of www.peapod.com and its online services...
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Federal Documents > Technical Assistance > ADA Update - A Primer for State and Local Governments (Title II Primer)
Service Animals
The task(s) performed by the dog must be directly related to the person’s disability....
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
Test C (Section-by-Section Analysis)
or not the person's physical or mental condition would be considered a disability under the first or second test in the definition....
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Federal Documents > Technical Assistance > Solutions for Five Common ADA Access Problems at Polling Places
Voting Areas
These coverings can make it difficult to navigate and can easily become trip hazards for voters with disabilities and others....
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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)
§ 382.61 Training
used to accommodate passengers with a disability...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
"Service Animal" (Section-by-Section Analysis)
In order to qualify for coverage under title II, a person must be a "qualified individual with a disability," which is defined as "an individual with a disability who, with or without reasonable...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF WOODLAKE
GENERAL AGREEMENT
III.          GENERAL AGREEMENT
The City shall not discriminate against qualified individuals on the basis of disability in violation of the ADA. 42 U.S.C. § 12112(a)....
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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
2.7 Existing ADA and Rehabilitation Act Requirements for Accessible Medical Care
2.7 Existing ADA and Rehabilitation Act Requirements for Accessible Medical Care
The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act are civil rights laws...
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Legal Documents > Reynoldson, Pixley, Whedbee v. City of Seattle - Class Action Complaint Regarding the Pedestrian Right of Way
PRAYER FOR RELIEF
A declaration that Defendant's conduct as alleged herein has violated and continues to violate Title II of the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND EDX INC. UNDER THE AMERICANS WITH DISABILITIES ACT
TITLE III COVERAGE
. §§ 12181-12189, and the regulation implementing Title III, 28 C.F.R. pt. 36, prohibit discrimination on the basis of disability in the full and equal enjoyment of the goods, services,...
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Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.16(f) Health Insurance, Life Insurance, and Other Benefit Plans
The activities permitted by this provision do not violate part 1630 even if they result in limitations on individuals with disabilities, provided that these activities are not used as a...
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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)
Section 36.309 Examinations and Courses (Section-by-Section Analysis)
to fill the gap that is created when licensing, certification, and other testing authorities are not covered by section 504 or title II of the ADA, and to ensure that individuals with disabilities...
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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)
"Service Animal" (Section-by-Section Analysis)
36.104 of the current regulation, which is defined as, "any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability...
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Federal Documents > Preamble to Guidelines > 24 CFR Part 100—Fair Housing Accessibility Guidelines, Preamble
IV. Public Comments and Commenters
Of the 562 comments received, approximately 200 were from disability advocacy organizations, or units of State or local government concerned with disability issues....
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Additional Access Publications > Employers' Guide to Including Employees with Disabilities in Emergency Evacuation Plans
LEGAL REQUIREMENTS
LEGAL REQUIREMENTS
Although employers are not required to have emergency evacuation plans under the Americans with Disabilities Act (ADA), if employers covered by the ADA opt to have...
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Research and History > Research Documents > Anthropometry of Wheeled Mobility Project: Final Report
Workshops
Access Board prior to this project, we held two international workshops that focused on current issues of applying the anthropometric data of individuals with disability to design....
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Research and History > Research Documents > Anthropometry for Persons with Disabilities
Near-Future Research Needs
NEAR-FUTURE RESEARCH NEEDS
In the best of all possible worlds, a major nationwide anthropometric survey of individuals with disabilities should be conducted....
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Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.2(j)(1)(i) Broad Construction; not a Demanding Standard
Congress stated in the ADA Amendments Act that the definition of disability “shall be construed in favor of broad coverage,” and that “the term ‘substantially limits' shall be interpreted...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
8.3 Illegal Use of Drugs
8.3 Illegal Use of Drugs
An employer may discharge or deny employment to current illegal users of drugs, on the basis of such drug use, without fear of being held liable for disability...