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 > 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—...
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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)
§ 35.160(c)(2)
(2) A public entity 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 > 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)
§ 35.160(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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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.87(c)(1)
(1) An initial solicitation for used vehicles specifying that all used vehicles accessible to and usable by individuals with disabilities;...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.139(e)
(e) A description of the process used to certify individuals with disabilities as ADA paratransit eligible. At a minimum, this must include—...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.183(b)(1)
(1) Ensure that the vehicle is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs; or...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.1 Purpose
The purpose of this part is to implement the transportation and related provisions of titles II and III of the Americans with Disabilities Act of 1990....
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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...