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 > Title I Technical Assistance Manual
1630.3(e)
(e) Homosexuality and bisexuality are not impairments and so are not disabilities as defied in this part....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12188(b)(2)(A)(iii)
(iii) making facilities readily accessible to and usable 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 (1991 ADA Title III Regulations)
Sec.36.504(a)(1)(iii)
(iii) Making facilities readily accessible to and usable 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)
§ 36.504(a)(1)(iii)
(iii) Making facilities readily accessible to and usable by individuals with disabilities;...
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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)
§1630.3(e)
(e) Homosexuality and bisexuality are not impairments and so are not disabilities as defined in this part....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.207(a)
(a) Deny transportation to passengers with disabilities, except as provided in §37.5(h);...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.5(e)
(e) An entity shall not require that an individual with disabilities be accompanied by an attendant....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
ACCESSIBLE ROUTE
[DSA-AC & HCD 1-AC] A continuous unobstructed path connecting accessible elements and spaces of an accessible site, building or facility that can be negotiated by a person with a disability...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
7.8 Compensation
7.8 Compensation
An employer cannot reduce pay to an employee with a disability because of the elimination of a marginal job function or because it has provided a reasonable accommodation...
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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)
§382.157(h)
(h) Carriers that do not submit their data via the Web shall use the disability-related complaint data form specified in appendix A to this part when filing their annual report summarizing...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12206(a)(2) Publication of plan
--The Attorney General may obtain the assistance of other Federal agencies in carrying out subsection (a), including the National Council on Disability, the Presidents Committee on Employment...
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
(6) the City's Uniform Physical Access Strategy
(6) the City's UPhAS [Uniform Physical Access Strategy], which adopts a policy of leaving disability access barriers that limit program access in place until major modernizations are performed...
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Federal Documents > Technical Assistance > Commonly Asked Questions About the Americans with Disabilities Act and Law Enforcement
I. Introduction
Police officers, sheriff's deputies, and other law enforcement personnel have always interacted with persons with disabilities and, for many officers and deputies, the Americans with Disabilities...
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Research and History > Research Documents > Independent Wheelchair Transfers in the Built Environment: How Transfer Setup Impacts Performance Phase 2: Final Report
Addendum B: List of Abbreviations
ADA- Americans with Disabilities Act (2010)
ADA-ABA Standards- Americans with Disabilities Act - Architectural Barriers Act Standards
COPD- Chronic obstructive pulmonary disease
CP- Cerebral...
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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 (2008 Title III NPRM)
§ 36.302(c)(8) Fees or surcharges
A public accommodation shall not ask or require an individual with a disability to post a deposit, pay a fee or surcharge, or comply with other requirements not generally applicable to other...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Are all play areas required to be upgraded to the design specifications in the 2010 ADA Standards for Accessible Design?
Not all play areas must be upgraded to be accessible, but enough playgrounds must be upgraded to ensure that children with disabilities have an equal opportunity to participate....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.136(h) Fees or surcharges
A public entity shall not ask or require an individual with a disability to post a deposit, pay a fee or surcharge, or comply with other requirements not generally applicable to other citizens...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Development of Technical Assistance Manual
In creating this manual, DOT held meetings with representatives from the disability community, air carriers, and organizations that contract with air carriers to provide disability-related...
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Federal Documents > Preamble to Regulations > 49 CFR Parts 37 and 38 -- Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments, Preamble
End note
For the reasons set forth in the preamble, the Department of Transportation amends 49 CFR parts 37 and 38 as follows:
PART 37—TRANSPORTATION SERVICES 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 (1991 ADA Title II Regulations)
§35.150(d)(1)
A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in...
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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)
List of Subjects for 28 CFR Part 36
Administrative practice and procedure, Buildings and facilities, Business and industry, Civil rights, Individuals with disabilities, Penalties, Reporting and recordkeeping requirements....
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Federal Documents > Technical Assistance > Frequently Asked Questions about Service Animals and the ADA
Q7. What questions can a covered entity's employees ask to determine if a dog is a service animal?
In situations where it is not obvious that the dog is a service animal, staff may ask only two specific questions: (1) is the dog a service animal required because of a disability?...
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Additional Access Publications > Accessible Health Care Briefs: HEALTH CARE (Clinic/Outpatient) FACILITIES ACCESS
1. b. ADA Accessibility Guidelines for Buildings and Facilities (ADAAG)
ADA Accessibility Guidelines for Buildings and Facilities (ADAAG) contains scoping and technical requirements for accessibility to buildings and facilities by individuals with disabilities...
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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)
B. Exercise equipment and furniture
Exercise equipment and furniture
Individuals with disabilities have expressed concerns over the years about an inability to use exercise equipment and furniture in health clubs, hotel...