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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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Conferences Audio, Conferences, Webinars and Web Courses
Disability Law Lowdown podcasts
The podcasts deliver the latest in disability law information every other week....
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Research and History > Research Documents > National Trail Surfaces Study
References
Kessler Foundation, & National Organization on Disability. (2010). The ADA, 20 Year Later. New York:
Harris Interactive....
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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)
§382.91(d)
(d) As part of your obligation to provide or ensure the provision of assistance to passengers with disabilities in moving through the terminal (e.g., between the terminal entrance and the...
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Federal Documents > Technical Assistance > Accessible Information Exchange: Meeting on a Level Playing Field
Podium
., have everyone sit at a head table with a tabletop microphone) or provide the speaker who has a disability with a hand-held or lavaliere microphone to allow her to speak from a position...
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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
15. What are some other best practices for child welfare agencies and courts?
In addition, we recommend that they look for ways to coordinate with disability organizations and agencies to assist in service planning and to support them in their efforts to ensure equal...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
1. Location
Curb ramps must be placed to enable a person with a mobility disability to travel from a sidewalk on one side of the street, over or through any curbs or traffic islands, to the sidewalk...
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Federal Documents > Technical Assistance > Commonly Asked Questions About the Americans with Disabilities Act and Law Enforcement
20. Q: What about holding cells and jails that are not accessible?
A: An arrestee with a mobility disability must have access to the toilet facilities and other amenities provided at the lock-up or jail....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM (2008 Title III NPRM)
§ 36.302(f)(9)(i)
(i) Individuals with disabilities and their companions shall be permitted to purchase the same maximum number of tickets for an event per sales transaction as other spectators seeking to...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.138(i)(1)
(1) Individuals with disabilities and their companions shall be permitted to purchase the same maximum number of tickets for an event per sales transaction as other spectators seeking to...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Who has to follow part 382?
., travel agents); (3) organizations and their employees that have business arrangements with air carriers to provide disability-related services (e.g., wheelchair service, baggage handling...
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Federal Documents > Technical Assistance > ADA Update - A Primer for State and Local Governments (Title II Primer)
Accessible Routes to Programs and Services
Accessible Routes to Programs and Services
The path a person with a disability takes to enter and move through a facility is called an "accessible route."...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM
603.2 Information on Accessibility and Compatibility Features
A best practice is for ICT support services to provide training programs about the following topics: accessibility requirements for individuals with disabilities; methods of communication...
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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
Unity Surfacing Systems Tough-Land Surfacing
Tough-Land is a puncture resistant, noise-reducing product that can withstand heavy blows and are accessible to the disabled....
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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....