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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State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
203.9 Employee Work Areas
Spaces and elements within employee work areas shall only be required to comply with 206.2.8, 207.1, and 215.3 and shall be designed and constructed so that 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
Medical Diagnostic Equipment Advisory Committee
June Isaacson Kailes - Harris Family Center for Disability and Health Policy at Western University of Health Sciences
Don Brandon -The ADA National Network
Kat Taylor - Equal Rights...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
26. Must an employer offer reassignment as a reasonable accommodation if it does not allow any of its employees to transfer from one position to another?
The ADA requires employers to provide reasonable accommodations to individuals with disabilities, including reassignment, even though they are not available to others....
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Additional Access Publications > Health Access for Independent Living (HAIL) Fact Sheet: Working with Your Health Care Provider
Attitudinal Barriers
People with disabilities need to be able to recognize health care providers’ unintentional yet unproductive attitudes towards them. ...
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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
MANAGEMENT OF BEHAVIOR
Certain disabilities are associated with characteristics that may interfere with the student's ability to act consistently like a good team player or otherwise conform to the social expectations...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Boarding Assistance in General
Boarding Assistance in General
If a passenger with a disability requests assistance getting on an airplane or carrier personnel offer assistance and the passenger consents, a carrier...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF DEKALB, ILLINOIS
Applicants
The City agrees that it will not conduct any medical examination or make any disability-related inquiry of a job applicant before an offer of employment has been made to the job applicant...
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-3.4300 Modifications in the regular program
When a public accommodation offers a special program for individuals with a particular disability, but an individual with that disability elects to participate in the regular program rather...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE VILLAGE OF RUIDOSO, NEW MEXICO DJ # 205-49-24
Applicants
Applicants
The Village agrees that it will not conduct any medical examination or make any disability-related inquiry of a job applicant before an offer of employment has been made...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF FALLON, NEVADA
Applicants
The City agrees that it will not conduct any medical examination or make any disability-related inquiry of a job applicant before an offer of employment has been made to the job applicant...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF THE ISLE OF PALMS, SOUTH CAROLINA DJ 205-67-11
Applicants
Applicants
The City agrees that it will not conduct any medical examination or make any disability-related inquiry of a job applicant before an offer of employment has been made...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF VERO BEACH, FLORIDA DJ 205-18-16
Applicants
Applicants
The City agrees that it will not conduct any medical examination or make any disability-related inquiry of a job applicant before an offer of employment has been made...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PAROWAN, UTAH DJ # 205-77-1
Applicants
Applicants
The City agrees that it will not conduct any medical examination or make any disability-related inquiry of a job applicant before an offer of employment has been made...
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Federal Documents > Technical Assistance > Communicating with People Who Are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Officers
Communicating with People Who Are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Officers
Department of Justice
Civil Rights Division
Disability Rights Section
Communicating with People Who Are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Officers...
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: The ADA: Questions and Answers
Q. What kinds of actions are required to reasonably accommodate applicants and employees?
Examples of reasonable accommodation include making existing facilities used by employees readily accessible to and usable by an individual with a disability; restructuring a job; modifying...
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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(b) (Section-By-Section Analysis and Response to Comments)
In Arline, the Supreme Court recognized that there is a need to balance the interests of people with disabilities against legitimate concerns for public safety....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
M301 Diagnostic Equipment Used by Patients in Supine, Prone, or Side-Lying Position; M302 Diagnostic Equipment Used by Patients in Seated Position
The purpose of these sections is to facilitate independent transfer onto and off of diagnostic equipment by patients with disabilities, including those who use mobility devices or aids,...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-3.4400 Modifications in the regular program
When a public entity offers a special program for individuals with a particular disability, but an individual with that disability elects to participate in the regular program rather than...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-3.5100 General
A public entity may not impose eligibility criteria for participation in its programs, services, or activities that either screen out or tend to screen out persons with disabilities, unless...
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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....