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 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
Disability (Section-by-Section Analysis)
"Disability." The definition of the term "disability" is the same as the definition in the title III regulation codified at 28 CFR Part 36....
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Webinars, Videos, and Training > Spirit of the ADA
Disability Rights Advocates 2017 Gala Video
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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)
§382.35 May carriers require passengers with a disability to sign waivers or releases?
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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)
§382.117 Must carriers permit passengers with a disability to travel with service animals?
[Doc. No. DOT-OST-2004-19482, 73 FR 27665, May 13, 2008, as amended at 74 FR 11471, Mar. 18, 2009]
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Federal Documents > Technical Assistance > Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools
Q15: Does the Amendments Act require the Department to revise or create new Section 504 regulations to implement the Amendments Act?
the Section 504 statute or current regulation contradicts the Amendments Act.16 As noted in Q2 above, the Amendments Act includes a conforming amendment to ensure that the definitions of disability...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Growth of the Disability Rights Movement
A disability rights movement was being born....
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Federal Documents > Technical Assistance > Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools
Q14: Does the Amendments Act affect the situation in which a parent or guardian believes that his or her child has a disability and is not receiving special education or related services as described in the Section 504 regulation?
A: As stated in Q4 above, students who were in the past determined not to have a disability may now, in fact, be found to have a disability....
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Webinars, Videos, and Training > Spirit of the ADA
Disability Advocacy: Reaching for an Accessible Future | Jessica Benham | TEDxUniversityofPittsburgh
Tomorrow, anyone could be disabled, reminds Jess Benham, a disabled activist academic, in this talk....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
D. Accommodations for Air Travelers who are Deaf, Hard of Hearing, or Deaf-Blind
Carriers are responsible for ensuring that passengers with disabilities, including those with vision or hearing impairments, receive the same information in a timely manner that the carrier...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
2.3 Qualified Individual with a Disability
2.3 Qualified Individual with a Disability
To be protected by the ADA, a person must not only be an individual with a disability, but must be qualified....
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Webinars, Videos, and Training > Spirit of the ADA
People with disabilities are athletes too | David Kyle | TEDxHuntsville
David Kyle explains in his talk about his journey from discovering his disabilities and being depressed to a life full of challenges, mobility and opportunity for success as an athlete....
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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)
§382.29 May a carrier require a passenger with a disability to travel with a safety assistant?
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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 1630.3(a) through (c) Illegal Use of Drugs
Section 1630.3 (a) through (c) Illegal Use of Drugs
Part 1630 provides that an individual currently engaging in the illegal use of drugs is not an individual with a disability for purposes...
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Federal Documents > Regulations > 24 CFR Part 8—Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of the Department of Housing and Urban Development (with amendments issued through Dec. 2007)
§8.3 Individual with handicaps
and lymphatic; skin; and endocrine; or
(2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities...
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Webinars, Videos, and Training > Spirit of the ADA
JUST ASK | Sensory Disability Awareness Film
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
A. Executive Order 13563 and 12866—Regulatory Planning and Review
An association focusing on children with learning disabilities noted that students who manage their disabilities well often find that school districts challenge their IDEA claims of disability...
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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)
§ 35.137(c)(1) Inquiry about disability
(1) Inquiry about disability....
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Additional Access Publications > Testimony of John L. Wodatch Before the Foreign Relations Committee Of the United States Senate
III. Benefits of Ratification
I strongly believe that ratification of the Disabilities Convention is in the best interests of the United States, provides protections for Americans with disabilities, and promotes U.S....
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Additional Access Publications > Testimony of John L. Wodatch Before the Foreign Relations Committee Of the United States Senate
Testimony of John L. Wodatch Before the Foreign Relations Committee Of the United States Senate
Wodatch
Former Chief, Disability Rights Section
Civil Rights Division
U.S....
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
Notice Concerning The Americans With Disabilities Act Amendments Act Of 2008
The Americans with Disabilities Act (ADA) Amendments Act of 2008 was signed into law on September 25,...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Conducting an Interview
This chapter has discussed ways to obtain this information by focusing on the abilities rather than the disability of a disabled applicant....
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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)
§ 35.138(h)(1) Single-event tickets
For the sale of single-event tickets, it is permissible to inquire whether the individual purchasing the tickets for accessible seating has a mobility disability or a disability that requires...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
7.7 Evaluations, Discipline and Discharge
without disabilities for performing essential job functions (with or without 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)
§382.41 What flight-related information must carriers provide to qualified individuals with a disability?
As a carrier, you must provide the following information, on request, to qualified individuals with a disability or persons making inquiries on their behalf concerning the accessibility...