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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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Job Accommodation Network
This first-of-its-kind technical assistance center provides free, expert and confidential guidance on workplace accommodations and disability employment issues....
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Federal Documents > Technical Assistance > ADA Requirements - Service Animals
Overview
A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability....
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Research and History > Research Documents > Accessible Exterior Surfaces Technical Article
Human Subject Testing
Subjects were recruited by gender and mobility limitation (no known disability, ambulatory with limited mobility, ambulatory with assistive devices, and manual wheelchair use)....
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Transportation as an Employment Support
Transportation as an Employment Support
________________________________________________________________
1983
Across the nation, disability advocates draw attention to the importance...
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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)
§ 35.160(b)(2)
In determining what types of auxiliary aids and services are necessary, a public entity shall give primary consideration to the requests of 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)
§ 35.150(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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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
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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State and Local Documents > Codes and Standards > 2019 California Standards
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 > A Guide to Disability Rights Laws
ADA Title IV: Telecommunications Relay Services
Title IV addresses telephone and television access for people with hearing and speech disabilities....
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Federal Documents > Technical Assistance > ADA Requirements - Testing Accommodations
How Quickly Should A Testing Entity Respond To A Request For Testing Accommodations?
A testing entity must respond in a timely manner to requests for testing accommodations so as to ensure equal opportunity for individuals with disabilities. ...
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Federal Documents > Technical Assistance > Guidance Questions and Answers Concerning 49 CFR Part 39, ADA Rules Concerning Passenger Vessels
QUESTION: WHAT KINDS OF ANIMALS ARE REGARDED AS SERVICE ANIMALS?
* Consequently, the Department understands a service animal to be any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability,...
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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)
Purpose
Bush signed into law the Americans With Disabilities Act, 42 U.S.C. 12101 et seq., a comprehensive civil rights law prohibiting discrimination on the basis of disability. ...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Purpose
Bush signed into law the Americans with Disabilities Act, 42 U.S.C. 12101 et seq., a comprehensive civil rights law prohibiting discrimination on the basis of disability. ...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Security
particularly those enacted after the terrorist hijackings and tragic events of September 11, 2001, which affect or may affect the types of accommodations and services provided to passengers with disabilities...
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Federal Documents > Technical Assistance > Guide to the ADA Standards
Fire Safety Evacuation Planning
Evacuation plans and procedures should address the needs of all facility occupants, including those with disabilities....
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)
Section 36.208(a) (Section-By-Section Analysis and Response to Comments)
Commenters representing individuals with disabilities generally supported this provision, but suggested revisions to further limit its application....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND BLAIR COUNTY, PENNSYLVANIA
Signatures
BOND
Chief
Disability Rights Section
Civil Rights Division
AMANDA MAISELS
Acting Deputy Chief
Disability Rights Section
Civil Rights Division
Date: March 10, 2014
________/s...
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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...
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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)
Use of Mandatory Language in Proposed Guidelines
intended to be adopted, with or without additions and modifications, as accessibility standards in regulations issued by other federal agencies implementing Title II of the Americans with Disabilities...
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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)
Introduction
responsible for developing accessibility guidelines for the design, construction, and alteration of facilities to ensure that they are readily 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
Miniature Horses
Some people with disabilities use miniature horses rather than dogs because they live longer, have peripheral vision, and are permitted in religions where dogs are not acceptable....
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Legal Documents > National Federation of the Blind and USA v. HRB Digital LLC and HRB Tax Group, Inc. - Consent Decree
I. GENERAL NONDISCRIMINATION REQUIREMENTS
Shall not deny individuals with disabilities, including the Private Plaintiffs, the opportunity to participate in and benefit from the goods, services, facilities, privileges, advantages...
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Federal Documents > Technical Assistance > The ADA: Your Employment Rights as an Individual With a Disability
Can I Get Additional ADA Information and Assistance?
This program is designed to help people with disabilities understand their rights and to help employers understand their responsibilities under the law....