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 > 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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Research and History > Committee Reports > Access for All: Five Years of Progress - A Report from the Department of Justice on Enforcement of the Americans with Disabilities Act
II. ENFORCING THE ADA PART 1
The movement of people during an evacuation is critical, but many people with disabilities cannot use
traditional forms of transportation if they are inaccessible to people 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 > 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...
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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)
§382.29(a)
(a) Except as provided in paragraph (b) of this section, you must not require that a passenger with a disability travel with another person as a condition of being provided air transportation...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12101(a)(8)
(8) the Nations proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such...
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Federal Documents > Technical Assistance > Resolving ADA Complaints Through Mediation: An Overview
Resolving ADA Complaints Through Mediation: An Overview
Department of Justice
Civil Rights Division
Disability Rights Section
______________________________________________________________________________________________
ADA Mediation...
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Federal Documents > Technical Assistance > QUESTIONS AND ANSWERS: THE AMERICANS WITH DISABILITIES ACT AND HIRING POLICE OFFICERS
11. Q: If an applicant tests positive for illegal drug use, can I ask whether he or she is using any prescription medications under a doctor's care that may have caused a positive result?
Inquiries into the use of prescription drugs are permitted in response to a positive drug test, even though the answers may disclose information about a disability....
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Federal Documents > Preamble to Regulations > 28 CFR Part 35, Appendix B: 1991 ADA Title II Regulations Preamble and Section-by-Section Analysis
‘‘Act.’’
The word ‘‘Act’’ is used in this part to refer to the Americans with Disabilities Act of 1990, Public Law 101–336, which is also referred to as the ‘‘ADA.’’...
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State and Local Documents > Codes and Standards > Elimination of Architectural Barriers - TDLR Government Code, Chapter 469
Sec. 469.057(a)
(a) The department periodically shall inform professional organizations and others, including persons with disabilities, architects, engineers, and other building professionals, of this...
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State and Local Documents > Codes and Standards > Elimination of Architectural Barriers - TDLR Government Code, Chapter 469
Sec. 469.001(a)
(a) The intent of this chapter is to ensure that each building and facility subject to this chapter is accessible to and functional for persons with disabilities without causing the loss...
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Federal Documents > Regulations > 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through Aug. 2015)
§27.71(e)
(e) The Americans with Disabilities Act Accessibility Guidelines (ADAAGs), including section 10.4 concerning airport facilities, shall be the standard for accessibility under this section...
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Federal Documents > Regulations > 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through Aug. 2015)
§27.11(a)(3)(i)
(i) With respect to persons with a disability who are no longer participants in the recipient's program or activity but who were participants in the program or activity when such discrimination...
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Federal Documents > Regulations > 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through Aug. 2015)
§27.7(b)(1)(vii)
(vii) Otherwise limit a qualified person with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving an aid, benefit, or service....