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 > Testimony of John L. Wodatch Before the Foreign Relations Committee Of the United States Senate
Testimony of John L. Wodatch Before the Foreign Relations Committee Of the United States Senate
Wodatch
Former Chief, Disability Rights Section
Civil Rights Division
U.S....
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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)
§ 35.138(h)(1) Single-event tickets
For the sale of single-event tickets, it is permissible to inquire whether the individual purchasing the tickets for accessible seating has a mobility disability or a disability that requires...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Conducting an Interview
This chapter has discussed ways to obtain this information by focusing on the abilities rather than the disability of a disabled applicant....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
7.7 Evaluations, Discipline and Discharge
without disabilities for performing essential job functions (with or without reasonable accommodation)....
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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)
§ 35.137(c)(1) Inquiry about disability
(1) Inquiry about disability....
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Federal Documents > Technical Assistance > Expanding Your Market: Accessibility Benefits Older Adult Customers
Lighting
• Bright, glare-free lighting on merchandise and pathways enable people with cataracts or aging eyes to shop and make purchases more easily.
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Federal Documents > Technical Assistance > Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights
5. What will happen after I ask for a reasonable accommodation?
Your employer may ask you to put your request in writing, and to generally describe your condition and how it affects your work. The employer also may ask you to submit a letter from...
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Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.35(a) Preplacement evaluation
(a) Preplacement evaluation. A recipient that operates a public elementary or secondary education program or activity shall conduct an evaluation in accordance with the requirements...
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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)
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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)
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
Notice Concerning The Americans With Disabilities Act Amendments Act Of 2008
The Americans with Disabilities Act (ADA) Amendments Act of 2008 was signed into law on September 25,...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12113(a) In General
Act that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12113(a) In general
chapter that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability...
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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)
§382.41 What flight-related information must carriers provide to qualified individuals with a disability?
As a carrier, you must provide the following information, on request, to qualified individuals with a disability or persons making inquiries on their behalf concerning the accessibility...
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Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.1(a) Purpose
1630.1(a) Purpose
The express purposes of the ADA as amended are to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.1(a)
The purpose of this part is to implement title I of the Americans with Disabilities Act (42 U.S.C. 12101, et seq.)...
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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)
§1630.1(a) Purpose
The purpose of this part is to implement title I of the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act of 2008 (ADAAA or Amendments Act), 42 U.S.C. 12101, et...
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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)
382.55 May carriers impose security screening procedures for passengers with disabilities that go beyond TSA requirements or those of foreign governments?
382.55 May carriers impose security screening procedures for passengers with disabilities that go beyond TSA requirements or those of foreign governments?...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Other Issues Relating to Seat Assignments
[Sec. 382.38(f)] You cannot reassign the seat of a passenger with a disability who has received a seat assignment to accommodate a disability in the event of a subsequent request for the...
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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)
§ 35.138(h)(2) Series-of-events tickets
series-of-events tickets, it is permissible to ask the individual purchasing the tickets for accessible seating to attest in writing that the accessible seating is for a person who has a mobility disability...
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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)
What about a service animal that is not accompanying a qualified individual with a disability?
When a service animal is not accompanying a passenger with a disability, the airline's general policies on the carriage of animals usually apply....
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Federal Documents > Technical Assistance > Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act
Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act
Department of Justice
Civil Rights Division
Disability Rights Section
COMMONLY ASKED QUESTIONS ABOUT CHILD CARE CENTERS AND THE AMERICANS WITH DISABILITIES ACT...
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
Sections 35.108(d)(1)(i) and 36.105(d)(1)(i)—Broad Construction, Not a Demanding Standard
Sections 35.108(d)(1)(i) and 36.105(d)(1)(i)—Broad Construction, Not a Demanding Standard
In accordance with Congress’s overarching directive to construe the term ‘‘disability’’ broadly...
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Federal Documents > Technical Assistance > Employer-Provided Leave and the Americans with Disabilities Act
Equal Access to Leave Under an Employer's Leave Policy
leave the same as an employee who requests leave for reasons unrelated to a disability....