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 > 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)
§ 36.302(c)(1)
Generally, a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability....
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
Sec.36.302(c)(1) General
Generally, a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability....
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Products and Additional Resources > Disability Etiquette > Tips for Interacting with People with Disabilities
REFERENCES
., Disability and Health in the United States, 2001–2005, (Hyattsville, MD: National Center for Health Statistics, 2008)....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM
Specialized Customer Premises Equipment
Assistive technology used by individuals with disabilities to originate, route, or terminate telecommunications or interconnected VoIP service....
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
10.3.1(18)
(18) Where provided, 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 > 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)
§ 35.108(e)(3) Reasonable modification
An individual with a record of a substantially limiting impairment may be entitled to a reasonable modification if needed and related to the past disability....
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State and Local Documents > Codes and Standards > Elimination of Architectural Barriers - Administrative Rules of the TDLR, 16 Texas Administrative Code, Chapter 68
68.10(19) Pedestrian Access Route
(19) Pedestrian Access Route--A continuous and unobstructed path of travel provided for pedestrians with disabilities within or coinciding with a pedestrian circulation path....
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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)
§ 35.108(f) Is regarded as having such an impairment
The following principles apply under the “regarded” as prong of the definition of “disability” (paragraph (a)(1)(iii) of this section):...
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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)(iii)
(iii) Shall not place inmates or detainees with disabilities in facilities that do not offer the same programs as the facilities where they would otherwise be housed; and...
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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)
§ 35.136(a) General
Generally, a public entity shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 38.29(d)
(d) Handrails and stanchions shall be sufficient to permit safe boarding, on-board circulation, seating and standing assistance, and alighting by persons 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(d)
(d) A public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.215(a)(1)(ii)
(ii) The success of small and large demand-responsive operators' service at meeting the requests of passengers with disabilities for accessible buses in a timely manner....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.3 Paratransit
Paratransit means comparable transportation service required by the ADA for individuals with disabilities who are unable to use fixed route transportation systems....
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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....