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 > 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...
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Federal Documents > Technical Assistance > FCC Consumer Guide: Telecommunications Access for People with Disabilities
Filing a complaint with the FCC
Before an informal complaint can be filed, consumers with disabilities (or their representatives) must request assistance from the FCC Disability Rights Office....
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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)
1. The ADA
Bush signed into law the ADA, a comprehensive civil rights law prohibiting discrimination on the basis of disability. ...
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Federal Documents > Regulations > Department of Defense Memorandum: Adoption of the ABA and Section 504 of the Rehabilitation Act
Department of Defense Memorandum: Adoption of the ABA and Section 504 of the Rehabilitation Act
It is the goal of the Department of Defense (DoD) to make its facilities accessible to persons with disabilities....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-101.1 General
This chapter contains scoping and technical requirements for accessibility to sites, facilities, buildings, and elements by individuals with disabilities....
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-101.1 General
This chapter contains scoping and technical requirements for accessibility to sites, facilities, buildings, and elements by individuals with disabilities....
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-101.1 General
This chapter contains scoping and technical requirements for accessibility to sites, facilities, buildings, and elements by individuals with disabilities....
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Federal Documents > Technical Assistance > A Guide for People with Disabilities Seeking Employment
What is a "reasonable accommodation"?
There are many types of things that may help people with disabilities work successfully....
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
241 and 612 Saunas and Steam Rooms
Commenters raised concerns that the safety of individuals with disabilities outweighs the usefulness in providing accessible saunas and steam rooms....
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Sections 505.10.2 and 505.10.3
require handrail gripping surfaces with a circular cross section to have an outside diameter of 2 inches, and that this requirement would impose a physical barrier to 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
Medical Diagnostic Equipment Advisory Committee
June Isaacson Kailes - Harris Family Center for Disability and Health Policy at Western University of Health Sciences
Don Brandon -The ADA National Network
Kat Taylor - Equal Rights...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
26. Must an employer offer reassignment as a reasonable accommodation if it does not allow any of its employees to transfer from one position to another?
The ADA requires employers to provide reasonable accommodations to individuals with disabilities, including reassignment, even though they are not available to others....
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Additional Access Publications > Health Access for Independent Living (HAIL) Fact Sheet: Working with Your Health Care Provider
Attitudinal Barriers
People with disabilities need to be able to recognize health care providers’ unintentional yet unproductive attitudes towards them. ...