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 > 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...
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Federal Documents > Preamble to Regulations > 49 CFR Parts 37 and 38 -- Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments, Preamble
Comments
Most of the comments on these issues were from the disability community, and they unanimously recommended that GFE be required....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12101(a)(6)
(6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
Sec. 12144. Public entity operating a demand responsive system. [Section 224]
lease a new vehicle for use on such system, for which a solicitation is made after the 30th day following July 26, 1990, that is not readily accessible to and usable by individuals 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 (1991 ADA Title II Regulations)
Appendix A to Part 35
Appendix A to Part 35 -- Preamble to Regulation on Nondiscrimination on the Basis of Disability in State and Local Government Services (Published July 26, 1991)
NOTE: For the convenience...
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Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture (ANPRM)
v. Infusion pumps
Infusion pumps often rely on patients controlling settings on difficult-to-reach buttons or flat screens that may not be accessible to individuals with disabilities....
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
A4.13.11 Door Opening Force
Although most people with disabilities can exert at least 5 lbf (22.2N), both pushing and pulling from a stationary position, a few people with severe disabilities cannot exert 3 lbf (13.13N...
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Federal Documents > Standards > Uniform Federal Accessibility Standards (UFAS)
A4.13.11 DOOR OPENING FORCE
Although most people with disabilities can exert at least 5 lbf (22.2N), both pushing and pulling from a stationary position, a few people with severe disabilities cannot exert even 3 lbf...
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Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture (ANPRM)
vi. Rehabilitation Equipment
Rehabilitation Equipment
Medical providers offering rehabilitative services must make those services equally available to individuals with disabilities....
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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;...