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 (1991 ADA Title III Regulations)
Sec.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 > 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(f)(5)(ii) No requirement to release accessible tickets
Nothing in this paragraph requires a facility to release tickets for accessible seating to individuals without disabilities for their own use....
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Federal Documents > Standards > Uniform Federal Accessibility Standards (UFAS)
A4.34.5 BATHROOMS
not required by these specifications, it is important to install grab bars at toilets, bathtubs, and showers if it is known that a dwelling unit will be occupied by elderly or severely disabled...
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Federal Documents > Regulations > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§1630.2(l) Is regarded as having such an impairment
The following principles apply under the “regarded as” prong of the definition of disability (paragraph (g)(1)(iii) of this section) above:...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)
Act (Section-By-Section Analysis and Response to Comments)
The word "Act'' is used in the regulation to refer to the Americans with Disabilities Act of 1990, Pub. L. 101 - 336, which is also referred to as the "ADA.''...
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Federal Documents > Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines
Specialized customer premises equipment
Equipment, employed on the premises of a person (other than a carrier) to originate, route, or terminate telecommunications, which is commonly used by individuals with disabilities to achieve...
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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)
§ 35.138(e)(2) No requirement to release accessible tickets
Nothing in this paragraph requires a facility to release tickets for accessible seating to individuals without disabilities for their own use....
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Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices
§ 37.169(b)
(b) The process shall provide a means, accessible to and usable by individuals with disabilities, to request a modification in the entity's policies and practices applicable to its transportation...
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Legal Documents > United States of America v. Franciscan St. James Health - Settlement Agreement
United States of America v. Franciscan St. James Health - Settlement Agreement
SETTLEMENT AGREEMENT
UNDER THE AMERICANS WITH DISABILITIES ACT
BETWEEN
THE UNITED STATES OF AMERICA
AND
FRANCISCAN ST. JAMES HEALTH
DJ #202-23-247...
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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)
§ 35.160(a)(1)
(1) A public entity shall take appropriate steps to ensure that communications with applicants, participants, members of the public, and companions with disabilities are as effective as...
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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(b)(1)(vii)
(vii) Otherwise limit a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.169(b)
(b) The process shall provide a means, accessible to and usable by individuals with disabilities, to request a modification in the entity's policies and practices applicable to its transportation...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.215(b)(1)(ii)
(ii) The success of small and large fixed-route operators' interim or equivalent service at meeting the requests of passengers with disabilities for accessible buses in a timely manner....
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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)
Accessible golf cars.
Accessible golf cars are designed for use by individuals with mobility disabilities and are operated using hand controls. ...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Accessible golf cars.
These cars can be used by individuals without disabilities as well. ...
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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....