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 > 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 > Technical Assistance > Revised ADA Requirements: Accessible Pools Means of Entry and Exit
Overview
Overview
Providing equal opportunity to people with disabilities is the fundamental principle of the Americans with Disabilities Act....
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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 1630.2(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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Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
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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Research and History > Research Documents > Independent Wheelchair Transfers in the Built Environment: How Transfer Setup Impacts Performance Phase 2: Final Report
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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Federal Documents > Preamble to Regulations > 49 CFR Parts 27 and 37: Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices - Preamble
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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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND 360 FEDERAL CREDIT UNION UNDER THE AMERICANS WITH DISABILITIES ACT
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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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
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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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)
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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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
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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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
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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Federal Documents > Standards > 36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards)
§ 1194.41(c)
(c) Support services for products shall accommodate the communication needs of end-users 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)
§ 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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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§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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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
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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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)
§1630.2(o)(2)(i)
(i) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and...
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Federal Documents > Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines
§1193.23(b)(1)
(1) Where market research is undertaken, including individuals with disabilities in target populations of such research;...
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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)
§ 35.130(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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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.167(d)
(d) The entity shall permit service animals to accompany individuals with disabilities in vehicles and facilities....
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
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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Federal Documents > Technical Assistance > Protecting the Rights of Parents and Prospective Parents with Disabilities: Technical Assistance for State and Local Child Welfare Agencies and Courts
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...
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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)
Relationship to Other Laws
The Department recognizes that public accommodations subject to title III of the ADA may also be subject to title I of the ADA, which prohibits discrimination on the basis of disability...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
How is a charge of discrimination filed?
., disability, race, color, religion, sex, national origin, age, retaliation);
the issue or issues involved in the alleged discriminatory act(s) (e.g., hiring, promotion, wages,...