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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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;...
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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(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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Links > State Department or Agency
State of California Disability Access Services (DAS) - Digital Access: Websites, Documents & Section 508
Contact Disability Access Services (DAS)
(916) 558-5755
(844) 729-2800 (TTY)
Email: DASinfo@dor.ca.gov
DAS Trainings
Introduction to ADA/FEHA
Practical...
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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)
§382.43(d)
(d) As a carrier covered under paragraph (c) of this section, you must provide a mechanism on your primary Web site for persons with disabilities to request disability accommodation services...
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Federal Documents > Technical Assistance > ADA: Know Your Rights - Returning Service Members with Disabilities
Effective Communication
Effective Communication
Businesses must communicate effectively with customers who have vision, hearing, or speech disabilities....
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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)
Proposed training standards.
The Department has always required that service animals be individually trained to do work or perform tasks for the benefit of an individual with a disability, but has never imposed any...
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Federal Documents > Regulations > 14 CFR Parts 382 and 399; 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Air Travel: Accessibility of Web Sites and Automated Kiosks at U.S. Airports
§ 382.43(d)
(d) As a carrier covered under paragraph (c) of this section, you must provide a mechanism on your primary Web site for persons with disabilities to request disability accommodation services...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
ADA National Network
on implementing the ADA to support the mission of the ADA to “assure equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities...
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Federal Documents > Technical Assistance > Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act
28. Q: Does the United States ever participate in lawsuits brought by private citizens?
One suit in which the United States participated was brought by a disability rights group against KinderCare Learning Centers....