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 > United States of America v. Quiktrip Corporation - Consent Decree
II. GENERAL NONDISCRIMINATION REQUIREMENTS
Discriminating against an individual on the basis of disability or taking any other action in violation of Title III of the ADA, 42 U.S.C. §§ 12181 - 12189; Section 503 of the ADA, 42 U.S.C...
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Additional Access Publications > The 2006 IBC/ADAAG Comparison
The 2006 IBC/ADAAG Comparison
A Comparison of the 2004 Americans with Disabilities Act (ADA) - Architectural Barriers Act (ABA) Guidelines for Buildings and Facilities; the 1990 Americans with Disabilities Act Accessibility...
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
Accessibility Policy for Public Accommodation
If a disability prevents you from fully using our facility or enjoying our goods, services and programs, we would like your input and ideas on how we can serve you better....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Comfort animals. (Section-by-Section Analysis)
The increased use of comfort animals is primarily by individuals with mental or psychiatric impairments, many of which do not rise to the level of disability. ...
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Additional Access Publications > Providing Health Care for People with Disabilities: Competency Planning Checklists
Introduction and Instructions
The purpose of these gap analysis checklists is to assist health care professionals in evaluating their attitudes toward participants with disabilities, their current capacity to provide...
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Federal Documents > Preamble to Standards > 36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards) - Preamble
Section 1194.41 Information, Documentation, and Support (Preamble, Section-by-Section Analysis)
Section 1194.41 Information, Documentation, and Support (Preamble, Section-by-Section Analysis)
In order for a product to be fully usable by persons with disabilities, the information...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
A. Designating an ADA Coordinator
For members of the public, having an ADA Coordinator makes it easy to identify someone to help them with questions and concerns about disability discrimination....
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Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
Background
A provider of telecommunications services shall ensure that the service is accessible to and usable by individuals with disabilities, if readily achievable....
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Research and History > Research Documents > Best Practices in the Design of Toileting and Bathing Facilities for Assisted Transfers
Background
with disabilities that were developed almost two decades ago....
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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 > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
Sec.36.307(a)
(a) This part does not require a public accommodation to alter its inventory to include accessible or special goods that are designed for, or facilitate use by, individuals 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)
§382.55(b)(3)
(3) You must not require private security screenings of passengers with a disability to a greater extent, or for any different reason, than for other passengers....
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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)
§382.3 Equivalent alternative
Equivalent alternative means a policy, practice, or other accommodation that provides substantially equivalent accessibility to passengers with disabilities, compared to compliance with...
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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)
§382.83(a)(2)
(2) You may designate an adequate number of the seats used to provide seating accommodations required by §382.81 as “priority seats” for passengers with a disability....
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Federal Documents > Standards > 36 CFR Part 1194 - Information and Communication Technology (ICT) Final Standards and Guidelines (with amendments issued through Jan. 2018)
602.4 Alternate Formats for Non-Electronic Support Documentation
Where support documentation is only provided in non-electronic formats, alternate formats usable by individuals with disabilities shall be provided upon request....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.152(b)(2)(iv)
(iv) Should not deprive inmates or detainees with disabilities of visitation with family members by placing them in distant facilities where they would not otherwise be housed....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12102(4)(C)
(C) An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability....
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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(e)(2)
(2) Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water, medical treatment, or medical services for that individual...
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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)
§35.160(b)(2)
(2) In determining what type of auxiliary aid and service is necessary, a public entity shall give primary consideration to the requests of the individual 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)
§ 36.203(c)(2)
(2) Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water, medical treatment, or medical services for that individual...
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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)
§ 36.307(a)
(a) This part does not require a public accommodation to alter its inventory to include accessible or special goods that are designed for, or facilitate use by, individuals 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 (1991 ADA Title III Regulations)
Sec.36.203(c)(2)
(2) Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water, medical treatment, or medical services for that individual...
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
A4.6.5 Vertical Clearance
High-top vans, which disabled people or transportation services often use, require higher clearances in parking garages than automobiles....
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
A4.15.2 Spout Height
Two drinking fountains, mounted side by side or on a single post, are usable by people with disabilities and people who find it difficult to bend over....