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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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...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
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 > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§35.150(d)(3)(i)
(i) Identify physical obstacles in the public entity's facilities that limit the accessibility of its programs or activities to individuals with disabilities;...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12143(c)(8)(B)
(B) provide that the public entity submitting the plan does not have to provide under the plan such service for individuals with disabilities....
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§35.150(a)(1)
(1) Necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities;...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12114(b) Rules of construction
(b) Rules of construction
Nothing in subsection (a) of this section shall be construed to exclude as a qualified individual with a disability an individual who...
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§35.130(b)(4)(i)
(i) That have the effect of excluding individuals with disabilities from, denying them the benefits of, or otherwise subjecting them to discrimination; or...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
1.1.3.2, Item 10
Accommodations for persons with disabilities regulated by the Division of the State Architect. See Section 1.9.1 for additional scope provisions....
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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(b)(1)(vi)
(vi) The entity responds in a timely manner to requests for modifications, accommodations, or aids to ensure equal opportunity for individuals with disabilities....
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
10.4.1(3)
(3) Ticketing areas shall permit persons with disabilities to obtain a ticket and check baggage and shall comply with 7.2....
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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)
§1630.14(d)(4)(i)(B)
(B) 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 > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§1630.14(c)(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 > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§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 > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines
§1193.23(b)(2)
(2) Where product design, testing, pilot demonstrations, and product trials are conducted, including individuals with disabilities in such activities;...
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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)
§ 35.150(a)(1)
(1) Necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities;...
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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)
§ 35.130(b)(4)(i)
(i) That have the effect of excluding individuals with disabilities from, denying them the benefits of, or otherwise subjecting them to discrimination; or...
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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)
§ 35.152(b)(2)(i)
(i) Shall not place inmates or detainees with disabilities in inappropriate security classifications because no accessible cells or beds are available;...