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.
-
Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
407.5 Timed Response (Section-by-Section Analysis)
The intent of this section is to afford people with certain disabilities—namely, those relating to manual dexterity, cognitive disabilities, or otherwise affecting response time—additional...
-
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(f)(5)(iii)(A) Series-of-events tickets sell-out when no ownership rights are attached
When series-of-events tickets are sold out and a public accommodation releases and sells accessible seating to individuals without disabilities for a series of events, the public accommodation...
-
Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Independent Living Movement
The concept—an advocacy and service organization governed by and for people with disabilities—is revolutionary at the time....
-
Rulemaking Process Documents > NPRMS > 36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
M101.3 Equivalent Facilitation
., use of a patient lift) are not permitted because they do not provide for independent access to and use of diagnostic equipment by patients with disabilities to the maximum extent possible...
-
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)
§ 35.138(e)(3)(i)
When series-of-events tickets are sold out and a public entity releases and sells accessible seating to individuals without disabilities for a series of events, the public entity shall establish...
-
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)
Access to a public entity following the proper exclusion of a service animal. (Section-by-Section Analysis)
The NPRM proposed that in the event a public entity properly excludes a service animal, the public entity must give the individual with a disability the opportunity to access the programs...
-
Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-3.5200 Safety
However, the public entity must ensure that its safety requirements are based on real risks, not on speculation, stereotypes, or generalizations about individuals with disabilities....
-
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
Studies of Wheeled Mobility Devices and Transferring Abilities
Secondary conditions and disability. In: Field MJ, Jette AM, Martin L (eds). Workshop on disability in America. A new look. Summary and background papers....
-
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)
"Other Power-Driven Mobility Device" and "Wheelchair" (Section-by-Section Analysis)
‘‘Other Power-Driven Mobility Device'' and ‘‘Wheelchair'' (Section-by-Section Analysis)
Because relatively few individuals with disabilities were using nontraditional mobility devices...
-
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)
"Other Power-Driven Mobility Device" and "Wheelchair" (Section-by-Section Analysis)
‘‘Other Power-Driven Mobility Device'' and ‘‘Wheelchair'' (Section-by-Section Analysis)
Because relatively few individuals with disabilities were using nontraditional mobility devices...
-
Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
Usable (Section-by-Section Analysis)
The term "usable" in the Act does not stand alone, but, rather is part of a term of art, "accessible to and usable by" persons with disabilities, which is a standard phrase in disability...
-
Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
29. Does reassignment mean that the employee is permitted to compete for a vacant position?
Cal. 1995) (when employee could no longer perform job because of disability, she was entitled to reassignment to a vacant position, not simply an opportunity to "compete"); cf. Aka v....
-
Federal Documents > Technical Assistance > ADA Checklist for Emergency Shelters
A. Evaluating the Physical Accessibility of Emergency Shelters
A first step to providing an accessible shelter is to identify any physical barriers that exist that will prevent access to people with disabilities....
-
Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
The ADA and Department of Justice Regulations
The ADA broadly protects the rights of individuals with disabilities in employment, access to state and local government services, places of public accommodation, transportation, and other...
-
Webinars, Videos, and Training > Spirit of the ADA
Enhancing Your Brand
How to Use Imagery about People with Disabilities in Your Marketing and Advertising....
-
Webinars, Videos, and Training > Spirit of the ADA
Commit to Inclusion
Requires the Registered User plan or above.
Login!
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12112(d)(3)(B)(II)
(II) first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and...
-
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)
§382.55(b)(1)
(1) You must use the same criteria for applying security screening procedures to passengers with disabilities as to other passengers....
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.14(d)(1)(II)
(II) First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and...
-
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)
§382.10(a)
(a) As a U.S. or foreign carrier, you may apply to the Department for a determination that you are providing an equivalent alternative to passengers with disabilities....
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.14(b)(1)(II)
(II) First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and...
-
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)
§382.151(c)
(c) You must make passengers with a disability aware of the availability of a CRO and how to contact the CRO in the following circumstances:...
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12101(b)(3)
(3) to ensure that the Federal Government plays a central role in enforcing the standards established in this Act on behalf of individuals with disabilities; and...
-
Federal Documents > Preamble to Guidelines > 36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)
Wheelchair Accessible Compartment
Section 604.8 provides requirements for wheelchair accessible compartments and those that are designed to accommodate persons with disabilities who are ambulatory....