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 > 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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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Building Support for S. 933
Persons with disabilities began writing letters urging their representatives to support the ADA....
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
A. TITLE II OF THE ADA
TITLE II OF THE ADA
"Congress enacted the ADA in 1990 to remedy widespread discrimination against disabled individuals." PGA Tour, Inc. v. Martin, 532 U.S. 661, 674 (2001)....
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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
Notes
Notes
A As for persons without disabilities, individual patients with disabilities have their own set of health conditions, including coexisting diseases and health risk factors that...
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Federal Documents > Technical Assistance > An ADA Guide for Local Governments: Making Community Emergency Preparedness and Response Programs Accessible to People with Disabilities
SHELTERING
But many of these shelters have not been accessible to people 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)
Section 35.160 Communications. (Section-by-Section Analysis)
, but to companions as well, if any of them are 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)
Assessment factors. (Section-by-Section Analysis)
assurance that the device is being used for a mobility disability, including a verbal representation by the person with a disability that is not contradicted by observable fact, or the...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description Final Rule
A. The ADA and Its Legislative History
The ADA, enacted in July 1990, is a comprehensive civil rights law that broadly prohibits discrimination on the basis of disability and seeks to guarantee that individuals with disabilities...
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Legal Documents > United States of America v. Ahold USA, Inc. and Peapod, LLC - Settlement Agreement
BACKGROUND
The United States initiated a compliance review under Title III of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12181-12189, to determine whether individuals with disabilities...
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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
The Limits of Utilizing a Cost-Benefit Analysis
Secondary conditions and disability. In: Field MJ, Jette AM, Martin L (eds). Workshop on disability in America. A new look. Summary and background papers....
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Additional Access Publications > Inclusive Event Procedures for Emergencies
Meeting Purpose
Items to Review
Describe the projected numbers and makeup of attendees (See above: Projecting numbers of attendees with disabilities)....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12211(b) Certain conditions
(b) Certain conditions
Under this chapter, the term "disability" shall not include...
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Federal Documents > Technical Assistance > ADA Compliance BRIEF: Restriping Parking Spaces (2015)
ADA Compliance BRIEF: Restriping Parking Spaces
Department of Justice
Civil Rights Division
Disability Rights Section...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.167(b)(2)
(2) The entity shall announce any stop on request of an individual with a disability....
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State and Local Documents > Codes and Standards > 2019 California Standards
ADULT CHANGING FACILITY
A facility that is for use by persons with disabilities who need assistance with personal hygiene....
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Legal Documents > Reynoldson, Pixley, Whedbee v. City of Seattle - Class Action Complaint Regarding the Pedestrian Right of Way
FACTS APPLICABLE TO ALL CLAIMS
As a result, persons with mobility disabilities have been denied access to the accommodations and services available to the general public....
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Federal Documents > Technical Assistance > ADA Requirements - Testing Accommodations
What Testing Accommodations Must Be Provided?
Testing entities must ensure that the test scores of individuals with disabilities accurately reflect the individual’s aptitude or achievement level or whatever skill the exam or test is...
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Federal Documents > Technical Assistance > FCC Consumer Guide: Telecommunications Access for People with Disabilities
Filing a complaint with the FCC
Before an informal complaint can be filed, consumers with disabilities (or their representatives) must request assistance from the FCC Disability Rights Office....
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Rulemaking Process Documents > NPRMS > 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description (NPRM)
1. The ADA
Bush signed into law the ADA, a comprehensive civil rights law prohibiting discrimination on the basis of disability. ...
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Federal Documents > Regulations > Department of Defense Memorandum: Adoption of the ABA and Section 504 of the Rehabilitation Act
Department of Defense Memorandum: Adoption of the ABA and Section 504 of the Rehabilitation Act
It is the goal of the Department of Defense (DoD) to make its facilities accessible to persons with disabilities....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-101.1 General
This chapter contains scoping and technical requirements for accessibility to sites, facilities, buildings, and elements by individuals with disabilities....