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 > 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....
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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...
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Webinars, Videos, and Training > Spirit of the ADA
Enhancing Your Brand
How to Use Imagery about People with Disabilities in Your Marketing and Advertising....
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Webinars, Videos, and Training > Spirit of the ADA
Commit to Inclusion
Requires the Registered User plan or above.
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
24. Is it a reasonable accommodation to modify a workplace policy?
It is a reasonable accommodation to modify a workplace policy when necessitated by an individual's disability-related limitations,(71) absent undue hardship....
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Additional Access Publications > Accessible Health Care Briefs: CHOOSING AND NEGOTIATING AN ACCESSIBLE FACILITY LOCATION
3. b. Government Assistance
Department of Justice Civil Rights Division
Americans with Disabilities Act (ADA) Guide for Small Businesses, October 15, 2002. https://www.ada.gov/smbusgd.pdf
PDF (957 KB) ADA Guide...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Section 37.77 Purchase or Lease of New Non-Rail Vehicles by Public Entities Operating a Demand Responsive System for the General Public
They do not say, for example, that a person with a disability must be picked up in a specified number of hours....
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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...
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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)
§382.55(b)(1)
(1) You must use the same criteria for applying security screening procedures to passengers with disabilities as to other passengers....
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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...
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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)
§382.10(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....
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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...
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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)
§382.151(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:...
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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...
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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....
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Additional Access Publications > National Endowment for the Arts ADA Tip Sheet
National Endowment for the Arts ADA Tip Sheet
National Endowment for the Arts
Office of Accessibility
2010 Revised Regulations of the Americans with Disabilities Act Titles II and III...
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
What Assistance Will the Person(s) Provide?
Ensuring that the person with the cognitive disability is aware of the emergency and understands the need to evacuate the building
Guidance to and/or through the means of egress...
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
Is Identification of the Path(s) to the Means of Egress Necessary?
Once notified, people with a speech disability can read and follow standard exit and directional signs....
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Federal Documents > Regulations > 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through Aug. 2015)
§27.7(b)(5)(ii)
(ii) That have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program or activity with respect to persons with a disability....
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Federal Documents > Regulations > 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through Aug. 2015)
§27.7(b)(1)(vi)
(vi) Deny a qualified person with a disability the opportunity to participate in conferences, in planning or advising recipients, applicants or would-be applicants, or...
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Federal Documents > Regulations > 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through Aug. 2015)
§27.11(a)(3)(ii)
(ii) With respect to persons with a disability who would have been participants in the program or activity had the discrimination not occurred....
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
SURCHARGES FOR REQUIRED PROVISIONS {35.130}
SURCHAGES FOR REQUIRED PROVISIONS {35.130}
Surcharges on particular individuals with disabilities to cover costs of measures required by the ADA are not allowed....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.152(b)(2)(i)
(i) Should not place inmates or detainees with disabilities in inappropriate security classifications because no accessible cells or beds are available;...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12143(a)(1)
(1) which is comparable to the level of designated public transportation services provided to individuals without disabilities using such system; or...