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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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM
E202.6.2 Alternative Means
Where ICT that fully conforms to the 508 Standards is not commercially available, the agency shall provide individuals with disabilities access to and use of information and data by an alternative...
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
Sections 35.108(g) and 36.105(g)—Exclusions
Sections 35.108(g) and 36.105(g)—Exclusions
The NPRM did not propose changes to the text of the existing exclusions contained in paragraph (5) of the definition of ‘‘disability’’ in the...
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-812 Electric vehicle charging stations
addressed by 2010 ADA Standards, although a case could be made, based on the general obligation for governments to make their services, programs or activities available to individuals with disabilities...
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Products and Additional Resources > Products
Garaventa Evacu-Trac CD7 Evacuation Chair
During an emergency even most elevators are disabled (for safety reasons)....
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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)
§382.81(b)
(b) You must provide an adjoining seat for a person assisting a passenger with a disability in the following circumstances:...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12101(b)(2)
(2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;...
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Federal Documents > Regulations > 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through Aug. 2015)
§27.7(b)(1)(i)
(i) Deny a qualified person with a disability the opportunity to participate in or benefit from the aid, benefit, or service;...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12147(b)(3)(A)
(A) that reflects consultation with individuals with disabilities affected by such plan and the results of a public hearing and public comments on such plan, and...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12185(a)(1)
(1) the access needs of individuals with disabilities to over-the-road buses and over-the-road bus service; and...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.207(d)
(d) Fail to provide reservation services to passengers with disabilities equivalent to those provided other passengers; or...
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Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
III. Summary of Comments
The disability rights organizations generally supported the proposed rule and recommended multiple ways to increase accessibility....
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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
Boston Center for Independent Living, Inc.
support, skills training and personal care attendant (PCA) services in order to enhance the independence of people 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)
Definition of "wheelchair.'' (Section-by-Section Analysis)
With regard to the term ‘‘mobility impairments,'' the Department intended a broad reading so that a wide range of disabilities, including circulatory and respiratory disabilities, that make...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICAN AND THE CITY OF WAUKEGAN, ILLINOIS UNDER THE AMERICANS WITH DISABILITIES ACT
EMERGENCY PREPAREDNESS AND RECOVERY
and disability advocates regarding all phases of its emergency preparedness plan (preparation, notification, response, and clean-up)....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
2. Accommodation in testing
It protects people with disabilities from being excluded from jobs that they actually can do because a disability prevents them from taking a test or negatively influences a test result....
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Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
14. What kinds of reasonable accommodations are related to the benefits and privileges of employment?
Reasonable accommodations related to the benefits and privileges of employment include accommodations that are necessary to provide individuals with disabilities access to facilities or...
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Legal Documents > United States of America v. The International Spy Museum - Settlement Agreement
D. TERMS OF AGREEMENT
The Museum shall not discriminate against individuals with disabilities on the basis of disability in the full and equal enjoyment of its goods, services, and facilities. 42 U.S.C. § 12182...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Section 35.138 Ticketing (Section-by-Section Analysis)
In response to the ANPRM, individuals with disabilities and related advocacy groups commented that the reduced requirements for accessible seating in assembly areas underscored the need...
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Additional Access Publications > Emergency Evacuation Preparedness: Taking Responsibility For Your Safety A Guide For People with Disabilities and Other Activity Limitations
References
Evacuating People with Disabilities. Fire Engineering. 146.
Kailes, J. (1996)....
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Additional Access Publications > Employers' Guide to Including Employees with Disabilities in Emergency Evacuation Plans
I. Plan Development
Plan Development
The first step for including employees with disabilities in emergency evacuation plans is plan development....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ATLANTIS EVENTS, INC. UNDER THE AMERICANS WITH DISABILITIES ACT
C. Corporate ADA Contact Person, ADA Liaison, and ADA Grievance Procedure
The Corporate ADA Contact Person will serve as Atlantis’ primary administrative contact on disability issues for the public and for the parties to this Agreement. ...
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Research and History > Research Documents > Accessible Exterior Surfaces Technical Article
Characteristics of Study Participants
Subjects were classified into one of four groups:
1) No disability – no known disability or mobility limitation; 2) Ambulatory with limited mobility – persons whose mobility was impaired...
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Research and History > Research Documents > Best Practices in the Design of Toileting and Bathing Facilities for Assisted Transfers
References
Accounting for the historical rise in work disability prevalence. Milbank Memorial Fund Quarterly Healthy and Society, 64: 271-301.
Colvez, A., & Blanchet, M. (1981)....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Section 37.29 Private Providers of Taxi Service
These obligations mean, first, that a taxi service may not deny a ride to an individual with a disability who is capable of using the taxi vehicles....