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 > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Updates to Section 503 of the Rehabilitation Act
Programs updates regulations implementing Section 503 of the Rehabilitation Act, which prohibits federal contractors and subcontractors from discriminating in employment against people with disabilities...
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
President’s Committee on “National Employ the Physically Handicapped Week”
local committees coordinate publicity campaigns consisting of movie trailers, billboards, and radio and television ads to convince the public that it is good business to hire people with disabilities...
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Federal Documents > Technical Assistance > ADA Requirements - Service Animals
ADA Requirements - Service Animals
Department of Justice
Civil Rights Division
Disability Rights Section
Service Animals
The Department of Justice published revised final regulations implementing the Americans...
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Legal Documents > United States of America v. Hilton Worldwide Inc. - Consent Decree
23. ROOM UPGRADE POLICY AT ALL BRAND HOTELS
this Consent Decree and effective within 90 days of the Consent Decree Date, unless otherwise prohibited by law, it shall be the policy at all Brand Hotels to offer to upgrade guests 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)
List of Subjects for 28 CFR Part 35
Administrative practice and procedure, Buildings and facilities, Civil rights, Communications, Individuals with disabilities, Reporting and recordkeeping requirements, State and local governments...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.201(a)
(a) Whenever an OTRB makes an intermediate or rest stop, a passenger with a disability, including an individual using a wheelchair, shall be permitted to leave and return to the bus on the...
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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 > 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 > 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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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)
Assessment factors. (Section-by-Section Analysis)
assurance that the device is being used for a mobility disability, including a verbal representation by the person with a disability that is not contradicted by observable fact, or the...
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Links > State Department or Agency
California Capital Access Program (CalCAP) Americans With Disabilities Act (ADA) Financing Program
Designed to assist small businesses with financing the costs to alter or retrofit existing facilities to comply with the requirements of the federal Americans With Disabilities Act of 1990...
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Federal Documents > Technical Assistance > ADA Requirements - Testing Accommodations
What Testing Accommodations Must Be Provided?
Testing entities must ensure that the test scores of individuals with disabilities accurately reflect the individual’s aptitude or achievement level or whatever skill the exam or test is...