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....
Search Results "Disability"
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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Commonly Searched Documents
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Section 36.208(b) (Section-By-Section Analysis and Response to Comments)
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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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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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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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Overview
Overview Providing equal opportunity to people with disabilities is the fundamental principle of the Americans with Disabilities Act....
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Section 1630.2(j)(1)(iv) Individualized Assessment Required, But With Lower Standard Than Previously Applied
By retaining the essential elements of the definition of disability including the key term “substantially limits,” Congress reaffirmed that not every individual with a physical or mental...
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Section 1630.2(j)(1)(ix) Effects of an Impairment Lasting Fewer Than Six Months Can Be Substantially Limiting
Section 1630.2(j)(1)(ix) states: “The six-month ‘transitory' part of the ‘transitory and minor' exception to ‘regarded as' coverage in §1630.2(l) does not apply to the definition of ‘disability...
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Mobility Use Demographics
Tables 6 and 7 show the breakdown of men and women and mobility type by self-reported disability for the study participants respectively. Table 6....
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I. Purpose of the Regulatory Action
The real-world effect will be that the nature of an individual's disability cannot preclude a public transportation entity from providing full access to the entity's service unless some...
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REMEDIAL ACTIONS
THE CREDIT UNION shall not discriminate against any individual on the basis of disability in the full and equal enjoyment of any of its goods, services, facilities, privileges, advantages...
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Section 37.161 Maintenance of Accessible Features--General
It requires those entities to maintain in operative condition those features or facilities and equipment that make facilities and vehicles accessible to and usable by individuals with disabilities...
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3. Benefits—Qualitative Discussion of Benefits
number of persons with disabilities who will go to movies more often, (3) the number of persons who will go to the movies as part of a larger group that includes a person with a disability...
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1630.2(o)(2)(I)
(I) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and...
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12101(b)(1)
(1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;...
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§ 1194.41(c)
(c) Support services for products shall accommodate the communication needs of end-users with disabilities....
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§ 36.309(b)(1)(iii)
(iii) The examination is administered in facilities that are accessible to individuals with disabilities or alternative accessible arrangements are made....
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§35.130(b)(1)(vi)
(vi) Deny a qualified individual with a disability the opportunity to participate as a member of planning or advisory boards;...
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Sec.36.309(b)(1)(iii)
(iii) The examination is administered in facilities that are accessible to individuals with disabilities or alternative accessible arrangements are made....
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§1630.2(o)(2)(i)
(i) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and...
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§1193.23(b)(1)
(1) Where market research is undertaken, including individuals with disabilities in target populations of such research;...
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§ 35.130(b)(1)(vi)
(vi) Deny a qualified individual with a disability the opportunity to participate as a member of planning or advisory boards;...
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§ 37.167(d)
(d) The entity shall permit service animals to accompany individuals with disabilities in vehicles and facilities....
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III-4.6100 Examinations
No, but if an examination for individuals with disabilities is administered in an alternative accessible location, or in a manner specially designed for individuals with disabilities, it...
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5. Do Title II and Section 504 apply to the programs, services, and activities of family courts?
, and persons with disabilities must have an equal opportunity to participate in proceedings.59 For example, if a conference or hearing is scheduled in a location that is inaccessible to...