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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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE VILLAGE OF RUIDOSO, NEW MEXICO DJ # 205-49-24
BACKGROUND
Title I of the ADA, it is unlawful for an employer to make inquiries as to whether an applicant is an individual with a disability or as to the nature of such disability before making a...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
G. ANSI/AAMI HE 75
Chapter16 of ANSI/AAMI HE 75 contains recommended practices regarding accessibility for patients and health care personnel with disabilities....
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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)
Other power-driven mobility device
Other power-driven mobility device means any mobility device powered by batteries, fuel, or other engines—whether or not designed primarily for use by individuals with mobility disabilities—that...
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Federal Documents > Technical Assistance > 2016 ADA CHECKLIST FOR POLLING PLACES
Lifts and Elevators
If the voting area is not on the same level as the entrance, there must be an independently operable elevator or lift to provide an accessible route to individuals with disabilities....
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Federal Documents > Technical Assistance > Questions and Answers: The ADA and Persons with HIV/AIDS
Can a public accommodation charge for reasonable modifications in its policies, practices, or procedures, or for the provision of communication aids and services?
A public accommodation may not impose a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs necessary to provide nondiscriminatory...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
c. Other Policies
Policies on providing information to employees may need adjustment to assure that all information is available in accessible formats for employees with disabilities....
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
Who Will Provide the Assistance?
Generally, only one person is necessary to assist a person with a cognitive disability....
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Legal Documents > WILLITS, et al v. CITY OF LOS ANGELES - Order Granting Plaintiff's Motion for Partial Summary Judgment
A. Relevant Procedural History
[sic] Relevant Procedural History
On August 4, 2010, Plaintiffs filed a class action complaint alleging violations of (1) the Americans with Disabilities Act (“ADA”); (2) Section 504...
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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)
Authorization by the Attorney General
By the authority vested in me as Attorney General by law, including 28 U.S.C. 509 and 510, 5 U.S.C. 301, and section 306 of the Americans with Disabilities Act, Pub....
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Title IV - Telecommunications
Title IV addresses telephone and television access for people with hearing and speech disabilities....
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Federal Documents > Technical Assistance > ADA Business Connection: Maintaining Accessibility in Museums
Maintaining Accessibility in Museum Shops
Sales and ticket counters that have been lowered to provide access must be clear and unobstructed for use by people with disabilities....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
U.S. Air Carriers
Air Carriers
In 1986, Congress passed the ACAA, which prohibits discrimination by U.S. air carriers against qualified individuals with disabilities. 49 U.S.C. 41705....
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Federal Documents > Technical Assistance > ADA Checklist for Emergency Shelters
Accessible Emergency Shelters
Planning should also involve ensuring that these shelters are accessible to people with disabilities....
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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)
§ 36.303(c)(1)(ii)
A public accommodation should consult with individuals with disabilities whenever possible to determine what type of auxiliary aid is needed to ensure effective communication, but the ultimate...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND AURORA HEALTH CARE UNDER THE AMERICANS WITH DISABILITIES ACT
BACKGROUND
This matter is based upon two complaints filed with the United States Department of Justice, in which the Complainants allege that Aurora discriminated against them on the basis of disability...
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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)
Other power-driven mobility device
Other power-driven mobility device means any mobility device powered by batteries, fuel, or other engines—whether or not designed primarily for use by individuals with mobility disabilities—that...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.43(a)(2)
feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area are readily 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)
Whether the definition of ‘‘wheelchair'' includes the Segway® PT. (Section-by-Section Analysis)
The fact that the Segway® PT is not designed primarily for use by individuals with disabilities, nor used primarily by persons with disabilities, complicates the question of to what extent...
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Federal Documents > Standards > 2010 ADA Standards
Prescription Drug Container Labels: ADA Standard Section 10.
Review the updated information on the revisions to the ADA Standards regarding prescription drug container labels.
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State and Local Documents > Codes and Standards > 2022 California Standards
1.1.2 Purpose
establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities...
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-207.1 General
In an emergency situation much time can be wasted if persons with disabilities must travel the full distance to the inaccessible exit door before there is a sign posted indicating that the...
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State and Local Documents > Codes and Standards > 2022 California Standards
COMMERCIAL FACILITIES
intercity passenger rail cars (including coaches, dining cars, sleeping cars, lounge cars and food service cars), any other railroad cars described in Section 242 of the Americans With Disabilities...
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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)
§382.117(e)(1)
(1) The passenger has a mental or emotional disability recognized in the Diagnostic and Statistical Manual of Mental Disorders—Fourth Edition (DSM IV);...
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Federal Documents > Technical Assistance > Accessible Information Exchange: Meeting on a Level Playing Field
Accessible Information Exchange: Meeting on a Level Playing Field
Department of Justice
Civil Rights Division
Disability Rights Section
Accessible Information Exchange: Meeting on a Level Playing Field...