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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Additional Access Publications > ADA Quick Tips - Sign Language Interpreters
ADA Quick Tips - Sign Language Interpreters
TITLE III of the Americans with Disabilities Act (ADA) makes it illegal for any business, building or other place that is open to the public to discriminate against people with disabilities...
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Federal Documents > Technical Assistance > FCC Consumer Guide: Video Relay Services
Filing a complaint
There are multiple options for filing a complaint with the FCC:
Visit the FCC's Disability Rights Office at https://www.fcc.gov/DRO
Contact the FCC's Disability Rights Office...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Surcharges
Title II Regulation 28 § 35.130
General prohibitions against discrimination:
(f) A public entity may not place a surcharge on a particular individual with a disability or any group...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Can things other than wheelchairs or canes be assistive devices?
An assistive device can be any piece of equipment that assists passengers with a disability in carrying out a major life activity....
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
ADA Standards for Accessible Design
Department of Justice publishes revised regulations for Titles II and III of the Americans with Disabilities Act. ...
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Additional Access Publications > A Guide to Planning Accessible Meetings
Additional Tips and Recommendations for Meals
Additional servers may be needed, depending on the number of attendees who have disabilities.
Service Dogs: Attendees may have service dogs with them....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CAVALIERS OPERATING COMPANY, LLC
I. BACKGROUND
The United States Attorney’s Office for the Northern District of Ohio (“USAO”) initiated a compliance review under Title III of the Americans with Disabilities Act, 42 U.S.C. §§ 12181...
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Legal Documents > United States of America v. Genesis Healthcare System - Settlement Agreement
BACKGROUND
This matter is based upon a complaint filed with the United States Department of Justice, in which a Complainant alleged that Genesis discriminated against her on the basis of her disability...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.15 Interpretations and guidance
Written interpretations and guidance shall be developed through the Department's coordinating mechanism for disability matters, the Disability Law Coordinating Council....
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-813 Adult changing facilities
addressed by 2010 ADA Standards, although a case could be made, based on the general obligation for governments to make their services, programs or activities available to 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 (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
Secondary ticket market. (Section-by-Section Analysis)
Section 36.302(f)(7) is a new provision in the final rule that requires a public accommodation to modify its policies, practices, or procedures to ensure that an individual with 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 (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
Secondary ticket market. (Section-by-Section Analysis)
Section 35.138(g) is a new provision in the final rule that requires a public entity to modify its policies, practices, or procedures to ensure that an individual with a disability, who...
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Legal Documents > Settlement Agreement Between the United States of America, Louisiana Tech University, and the Board of Supervisors for the University of Louisiana System Under the Americans with Disabilities Act
TITLE II COVERAGE AND FINDINGS
Under title II of the ADA, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs...
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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)
Section 36.302(f) Ticketing (Section-by-Section Analysis)
In response to the ANPRM, individuals with disabilities and related advocacy groups commented that the reduced requirements for accessible seating in assembly areas underscored the need...
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
ADA Facilities Compliance Strategies for Private Hospitals
CONSULT - Discuss your facilities' accessibility with your own employees who have disabilities and, if available, with local accessible design consultants and/or local disability support...
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
ADA Facilities Compliance Strategies for Private Entities
CONSULT - Discuss your facilities' accessibility with your own employees who have disabilities and, if available, with local accessible design consultants and/or local disability support...
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Federal Documents > Preamble to Regulations > 49 CFR Parts 37 and 38 -- Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments, Preamble
SUPPLEMENTARY INFORMATION:
Comments came primarily from members of the transportation industry and the disability community....
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Additional Access Publications > Accessible Health Care Briefs: HEALTH CARE (Clinic/Outpatient) FACILITIES ACCESS
4. b. GOVERNMENT ADA PUBLICATIONS AND INFORMATION
Department of Justice Civil Rights Division
Americans with Disabilities Act (ADA) Guide for Small Businesses, October 15, 2002
www.sbaonline.sba.gov/ada/smbusgd.html
PDF (835 KB...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND HARRIS COUNTY, TEXAS
INTRODUCTION
Following an investigation, the United States brought a civil action against Harris County, Texas (“Harris County”), to enforce Title II of the Americans with Disabilities Act of 1990...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND SOUTH CAROLINA DEPARTMENT OF CORRECTIONS UNDER THE AMERICANS WITH DISABILITIES ACT
IV. DEFINITIONS
"Disability" will be defined as it is in the ADA, 42 U.S.C. § 12102(1). See also 28 C.F.R. § 35.108....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12112(b)(1)
(1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability...
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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)(2)(ii)
(ii) You may conduct security searches of qualified individuals with a disability whose aids activate the security system in the same manner as for other passengers....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
ACCESSIBLE
[DSA-AC & HCD 1-AC] A site, building, facility, or portion thereof that is approachable and usable by persons with disabilities in compliance with this code....
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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)
§ 36.206(c)(2)
(2) Threatening, intimidating, or interfering with an individual with a disability who is seeking to obtain or use the goods, services, facilities, privileges, advantages, or accommodations...