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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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
E203.2 Agency Business Needs (Section-by-Section Analysis)
Business Needs (Section-by-Section Analysis)
This section proposes that, when agencies procure, develop, maintain or use ICT, they must identify the business needs of individuals with disabilities...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
5.5(g) Background and Reference Checks
Before making a conditional offer of employment, an employer may not ask previous employers or other sources about an applicant's:
disability;
illness;
workers'...
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Federal Documents > Technical Assistance > ADA Requirements - Effective Communication
Who Decides Which Aid or Service Is Needed?
When choosing an aid or service, title II entities are required to give primary consideration to the choice of aid or service requested by the person who has a communication disability....
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Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
F222.1 General
Regardless of the type of facility, dressing, fitting, and locker rooms should provide people with disabilities rooms that are equally private and convenient to those provided others....
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State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
222.1 General
Regardless of the type of facility, dressing, fitting, and locker rooms should provide people with disabilities rooms that are equally private and convenient to those provided others....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
"Task" emphasis. (Section-by-Section Analysis)
As one service dog user stated, in some cases, "critical forms of assistance can't be construed as physical tasks," noting that the manifestations of "brain-based disabilities," such as...
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Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture (ANPRM)
C. Accessible golf cars
cars and may propose requiring golf courses that provide golf cars, when replacing or acquiring additional standard golf cars, to provide accessible golf cars for use by individuals with disabilities...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Section 37.31 Vanpools
The requirement for a public vanpool system is that it purchase or lease an accessible vehicle unless it can demonstrate that it provides equivalent service to individuals with disabilities...
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Rulemaking Process Documents > Committee Activity and Reports > Recommendations on Standards for the Design of Medical Diagnostic Equipment for Adults with Disabilities, Advisory Committee Final Report
2.2 Evidence of Physical Accessibility Barriers
Persons with the most severe disabilities reported significantly more difficulties than did persons with the least severe disabilities (30.9 versus 13.8%)....
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State and Local Documents > Guidelines > Accessible Fishing Piers and Platforms - A Summary of Accessibility Guidelines for Recreation Facilities
Introduction
Introduction
The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that prohibits discrimination on the basis of disability....
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State and Local Documents > Guidelines > Accessible Sports Facilities - A Summary of Accessibility Guidelines for Recreation Facilities
Introduction
Introduction
The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that prohibits discrimination on the basis of disability....
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State and Local Documents > Guidelines > Accessible Swimming Pools, Wading Pools and Spas - A Summary of Accessibility Guidelines for Recreation Facilities
Introduction
Introduction
The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that prohibits discrimination on the basis of disability....
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
1. Claims
Title II of the ADA provides that "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...
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State and Local Documents > Guidelines > Accessible Golf Courses - A Summary of Accessibility Guidelines for Recreation Facilities
Introduction
Introduction
The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that prohibits discrimination on the basis of disability....
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State and Local Documents > Guidelines > Accessible Miniature Golf - A Summary of Accessibility Guidelines for Recreation Facilities
Introduction
Introduction
The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that prohibits discrimination on the basis of disability....
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State and Local Documents > Guidelines > Accessible Boating Facilities - A Summary of Accessibility Guidelines for Recreation Facilities
Introduction
Introduction
The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that prohibits discrimination on the basis of disability....
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State and Local Documents > Guidelines > Accessible Amusement Rides - A Summary of Accessibility Guidelines for Recreation Facilities
Introduction
Introduction
The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that prohibits discrimination on the basis of disability....
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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)
General comments regarding safe harbor. (Section-by-Section Analysis)
Generally, covered entities favored a safe harbor, while entities representing individuals with disabilities did not. ...
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Legal Documents > SETTLEMENT AGREEMENT between THE UNITED STATES OF AMERICA and PALM BEACH COUNTY, FLORIDA
BACKGROUND AND JURISDICTION
Title II of the ADA and its implementing regulation require public entities to make their programs, services, and activities accessible to qualified individuals with disabilities. ...
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Legal Documents > VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE TOWN OF LEWISBORO, NEW YORK
A. POLICIES AND PROCEDURES
At minimum, those policies will provide that Lewisboro:
will not discriminate on the basis of disability in its hiring or employment practices....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
H. Barriers Affecting Accessibility and Usability of Medical Diagnostic Equipment
Research Center on Accessible Medical Instrumentation conducted a national survey in 2004 to collect information on the types of medical equipment that is most difficult for individuals with disabilities...
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Webinars, Videos, and Training > Product Demonstration or Information
Small Business Accessibility: BigBell
Disability Access for Small Businesses; product information for BigBell wireless door alert system....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-810.1.1 Vehicle boarding
Stations shall not be designed or constructed so as to require persons with disabilities to board or alight from a vehicle at a location other than one used by the general public....
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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.36.211(a)
A public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities...