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 > 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 > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through May 2016)
§382.33(b)
(b) Restrictions you must not impose on passengers with a disability include, but are not limited to, the following:...
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Federal Documents > Technical Assistance > ADA/Section 504 Design Guide - Accessible Cells in Correction Facilities
All Furniture
All furniture placed in accessible cells for the use of inmates with disabilities needs to be accessible....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12185(b)(3)
(3) The effectiveness of various methods of providing accessibility to such buses and service to individuals with disabilities....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.123(c)
(c) Individuals may be ADA paratransit eligible on the basis of a permanent or temporary disability....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.215(a)(1)(iii)
(iii) The ridership of small and large operators' demand-responsive service by passengers with disabilities....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.215(b)(1)(iii)
(iii) The ridership of small and large operators' fixed-route service by passengers with disabilities....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.5(a)
(a) No entity shall discriminate against an individual with a disability in connection with the provision of transportation service....
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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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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
E202.5.3 Alternative Means (Section-by-Section Analysis)
Alternative Means (Section-by-Section Analysis)
This section proposes that, when an agency determines that an undue burden or fundamental alteration exists, it must provide individuals with disabilities...
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Federal Documents > Technical Assistance > 2016 ADA CHECKLIST FOR POLLING PLACES
Part 1: Evaluating the Physical Accessibility of Polling Places
in Part 3 of this document, is designed to assist officials in determining whether a facility being considered for use as a polling place is accessible to people with mobility or vision disabilities...
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Federal Documents > Technical Assistance > ADA Requirements - Effective Communication
ADA Requirements - Effective Communication
Department of Justice
Civil Rights Division
Disability Rights Section
Effective Communication
The Department of Justice published revised final regulations implementing the Americans...
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Federal Documents > Preamble to Guidelines > 36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)
707 Automatic Teller Machines and Fare Machines
In the final rule, this section has been significantly reorganized and criteria for output and input substantially revised due to comments submitted by persons with disabilities, various...
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Federal Documents > Technical Assistance > Creating Equal Opportunities for Children and Youth with Disabilities to Participate in Physical Education and Extracurricular Activities
PERSONNEL PREPARATION
Knowledgeable adults create the possibility of participation among children and youth both with and without disabilities....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Am I entitled to the services and accommodations required by part 382...I am just going to the airport to meet a friend who is traveling?
QUESTION: Am I entitled to the services and accommodations required by part 382 if I’m a qualified individual with a disability but I’m not a passenger, but rather I am just going to the...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
"Qualified Reader" (Section-by-Section Analysis)
Failing to provide a qualified reader to a person with a disability could amount to discrimination based upon disability....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12188(a)(1) Availability of remedies and procedures
procedures set forth in section 2000a-3(a) of this title are the remedies and procedures this subchapter provides to any person who is being subjected to discrimination on the basis of disability...