Department of Justice Civil Rights Division Disability Rights Section Maintaining Accessibility in Museums Expanding Your Market ...
Search Results "Disability"
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.
-
ADA Business Connection: Maintaining Accessibility in Museums
-
§ 35.152(b)(2)(ii)
(ii) Should not place inmates or detainees with disabilities in designated medical areas unless they are actually receiving medical care or treatment;...
-
§35.130(b)(1)(ii)
(ii) Afford a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others;...
-
§35.130(b)(4)(ii)
(ii) That have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the service, program, or activity with respect to individuals with disabilities...
-
§35.130(b)(3)(ii)
(ii) That have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the public entity's program with respect to individuals with disabilities...
-
ACCESSIBLE
Describes a site, building, facility, or portion thereof that complies with these standards and that can be approached, entered, and used by physically disabled people....
-
§1630.2(o)(1)(i)
(i) Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or...
-
§ 35.130(b)(3)(ii)
(ii) That have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the public entity's program with respect to individuals with disabilities...
-
§ 37.169(c)(3)
(3) Without the requested modification, the individual with a disability is able to fully use the entity's services, programs, or activities for their intended purpose....
-
§ 35.130(b)(4)(ii)
(ii) That have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the service, program, or activity with respect to individuals with disabilities...
-
United States of America v. Genesis Healthcare System - Settlement Agreement
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND GENESIS HEALTHCARE SYSTEM UNDER THE AMERICANS WITH DISABILITIES ACT Press Release...
-
§ 35.130(b)(1)(ii)
(ii) Afford a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others;...
-
§ 35.152(b)(2)(ii)
(ii) Shall not place inmates or detainees with disabilities in designated medical areas unless they are actually receiving medical care or treatment;...
-
§ 37.169(c)(3)
(3) Without the requested modification, the individual with a disability is able to fully use the entity's services, programs, or activities for their intended purpose....
-
§ 37.167(i)
(i) The entity shall ensure that adequate time is provided to allow individuals with disabilities to complete boarding or disembarking from the vehicle....
-
§ 37.193(a)(1)(iii)
(iii) If the trip on which the person with a disability wishes to travel is already provided by an accessible bus, the operator has met this requirement....
-
§ 38.77(a)
(a) Handrails and stanchions shall be sufficient to permit safe boarding, on-board circulation, seating and standing assistance, and alighting by persons with disabilities....
-
§ 38.57(a)
(a) Handrails and stanchions shall be provided to assist safe boarding, on-board circulation, seating and standing assistance, and alighting by persons with disabilities....
-
Usable (Section-by-Section Analysis)
The term "usable" in the Act does not stand alone, but, rather is part of a term of art, "accessible to and usable by" persons with disabilities, which is a standard phrase in disability...
-
29. Does reassignment mean that the employee is permitted to compete for a vacant position?
Cal. 1995) (when employee could no longer perform job because of disability, she was entitled to reassignment to a vacant position, not simply an opportunity to "compete"); cf. Aka v....
-
A. Evaluating the Physical Accessibility of Emergency Shelters
A first step to providing an accessible shelter is to identify any physical barriers that exist that will prevent access to people with disabilities....
-
The ADA and Department of Justice Regulations
The ADA broadly protects the rights of individuals with disabilities in employment, access to state and local government services, places of public accommodation, transportation, and other...
-
Studies of Wheeled Mobility Devices and Transferring Abilities
Secondary conditions and disability. In: Field MJ, Jette AM, Martin L (eds). Workshop on disability in America. A new look. Summary and background papers....
-
"Other Power-Driven Mobility Device" and "Wheelchair" (Section-by-Section Analysis)
‘‘Other Power-Driven Mobility Device'' and ‘‘Wheelchair'' (Section-by-Section Analysis) Because relatively few individuals with disabilities were using nontraditional mobility devices...