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 (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....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
When an employee is having difficulty performing his or her job effectively
If the examination reveals an impairment that is a disability under the ADA, the employer must consider possible reasonable accommodations....
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Federal Documents > Technical Assistance > ADA Update - A Primer for Small Business
Who is Covered by the ADA?
Businesses covered by the ADA are required to modify their business policies and procedures when necessary to serve customers with disabilities and take steps to communicate effectively...
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
General
that all accessible toilet facilities, toilet rooms, and compartments should be required to have signage indicating that such spaces are restricted solely for the use of individuals with disabilities...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Pre-Employment, Post-Offer
If an individual is not hired because a post-offer medical examination or inquiry reveals a disability, the reason(s) for not hiring must be job-related and necessary for the business....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
2. Different Types of Auxiliary Aids and Services
Here are some examples of different auxiliary aids and services that may be used to provide effective communication for people with disabilities. ...
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Federal Documents > Technical Assistance > Gathering Input from Customers with Disabilities
The Importance of Customer Feedback
Expanding Your Market
"People with disabilities are problem solvers....
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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: Preamble (2008 Title III NPRM Preamble)
Secondary market ticket sales. (Section-by-Section Analysis)
Because the secondary market is a recognized--and often integral--part of the ticketing distribution system for many venues and activities, individuals with disabilities will be denied an...
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Federal Documents > Technical Assistance > Questions and Answers: Accessibility Requirements for Existing Swimming Pools at Hotels and Other Public Accommodations
12. What if I have two pools or a pool and a spa? Can I share a lift between pools?
Sharing non-fixed pool lifts between pools can pose safety risks to swimmers with disabilities because if a lift has been moved to another pool, a person with a disability might be unable...
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
101.1 General
This document 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 > Fact Sheet on Obtaining and Using Employee Medical Information as Part of Emergency Evacuation Procedures
2. How may an employer identify individuals who may require assistance?
Finally, whether an employer periodically surveys all employees or not, it may ask employees with known disabilities if they will require assistance in the event of an emergency....
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Federal Documents > Technical Assistance > ADA Requirements - Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices
Staff Training
Staff Training
Ongoing staff training is essential to ensure that people with disabilities who use OPDMDs for mobility are not turned away or treated inappropriately....
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Federal Documents > Technical Assistance > An ADA Guide for Local Governments: Making Community Emergency Preparedness and Response Programs Accessible to People with Disabilities
RETURNING HOME
The needs of individuals with disabilities should be considered, too, when they leave a shelter or are otherwise allowed to return to their home....