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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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND 360 FEDERAL CREDIT UNION UNDER THE AMERICANS WITH DISABILITIES ACT
RELAY CALLS
Beginning immediately as of the effective date of this Agreement, to provide equal access to its telephone services for individuals with disabilities, THE CREDIT UNION shall require...
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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
5. Do Title II and Section 504 apply to the programs, services, and activities of family courts?
, and persons with disabilities must have an equal opportunity to participate in proceedings.59 For example, if a conference or hearing is scheduled in a location that is inaccessible to...
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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)
Relationship to Other Laws
The Department recognizes that public accommodations subject to title III of the ADA may also be subject to title I of the ADA, which prohibits discrimination on the basis of disability...
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-4.6100 Examinations
No, but if an examination for individuals with disabilities is administered in an alternative accessible location, or in a manner specially designed for individuals with disabilities, it...
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Federal Documents > Preamble to Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)
Complaints
Carrier personnel would have to refer a passenger with a disability-related complaint or problem to a CRO....
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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)
§382.27(c)(6)
(6) Accommodation for a group of ten or more qualified individuals with a disability, who make reservations and travel as a group; and...
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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)
§382.141(a)(1)(i)
(i) The requirements of this part and other applicable Federal regulations affecting the provision of air travel to passengers with a disability;...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12114(b) Rules of Construction
.-- Nothing in subsection (a) shall be construed to exclude as a qualified individual with a disability an individual who--...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
APPENDIX A
APPENDIX A
Title I and Title V of The Americans with Disabilities Act of 1990
(Public Law 101-336)...
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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(c)(2) Exceptions
A public accommodation may ask an individual with a disability to remove a service animal from the premises if: ...
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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)
§ 36.303(c)(2)
(2) A public accommodation shall not require an individual with a disability to bring another individual to interpret for him or her....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.136(b) Exceptions
A public entity may ask an individual with a disability to remove a service animal from the premises if:...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.160(c)(1)
(1) A public entity shall not require an individual with a disability to bring another individual to interpret for him or her....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12185(b)(1)
(1) The anticipated demand by individuals with disabilities for accessible over-the-road buses and over-the-road bus service....
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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)
§ 36.302(c)(2)
A public accommodation may ask an individual with a disability to remove a service animal from the premises if:...
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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(c)(4)
(4) Courses must be administered in facilities that are accessible to individuals with disabilities or alternative accessible arrangements must be made....
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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)
§ 36.303(c)(2)
(2) A public accommodation shall not require an individual with a disability to bring another individual to interpret for him or her....
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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(c)(4)
(4) Courses must be administered in facilities that are accessible to individuals with disabilities or alternative accessible arrangements must be made....
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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)
§ 36.303(c)(3)
(3) A public accommodation shall not rely on an adult accompanying an individual with a disability to interpret or facilitate communication, except—...
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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(j)(1)(vii)
(vii) An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active....
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Legal Documents > United States of America v. Hilton Worldwide Inc. - Consent Decree
16(a)(vi)
(vi) The accessible rooms for individuals with mobility disabilities have accessible bathrooms that comply with ADA Standards § 4.23....
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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)
§ 35.136(b) Exceptions
A public entity may ask an individual with a disability to remove a service animal from the premises if—...