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 (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
Enactment of the ADA and Issuance of the 1991 Regulations
Bush signed into law the ADA, a comprehensive civil rights law prohibiting discrimination on the basis of disability.1 The ADA broadly protects the rights of individuals with disabilities...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-2.1000 General
Title II of the ADA prohibits discrimination against any "qualified 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)
Enactment of the ADA and Issuance of the 1991 Regulations
Bush signed into law the ADA, a comprehensive civil rights law prohibiting discrimination on the basis of disability.1 The ADA broadly protects the rights of individuals with disabilities...
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Federal Documents > Technical Assistance > Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights
Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights
The following questions and answers briefly explain these rights, which are provided by the Americans with Disabilities Act (ADA)....
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Federal Documents > Technical Assistance > QUESTIONS AND ANSWERS: THE AMERICANS WITH DISABILITIES ACT AND HIRING POLICE OFFICERS
2. Q: The ADA prohibits making disability-related inquiries or giving applicants for police jobs medical examinations until a conditional offer of employment is made. Why?
A: In the past, people with disabilities, particularly those with hidden disabilities, were denied jobs once potential employers found out about their disabilities....
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
Sections 35.130(b)(7)(i)—General Prohibitions Against Discrimination and 36.302(g)—Modifications in Policies, Practices, or Procedures
accommodation under title III, ‘‘need not provide a reasonable accommodation or a reasonable modification to policies, practices, or procedures to an individual who meets the definition of disability...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-4.3100 Nondiscriminatory practices and policies
As of January 26, 1992, all public entities must ensure that their employment practices and policies do not discriminate on the basis of disability against qualified individuals with disabilities...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Tips for Assisting People Who Are Deaf, Hard of Hearing, or Deaf-Blind
Service Animals
Never pet or distract a service animal accompanying a person who has a disability....
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
40. Must an employer ask whether a reasonable accommodation is needed when an employee has not asked for one?
knows, or has reason to know, that the employee is experiencing workplace problems because of the disability, and (3) knows, or has reason to know, that the disability prevents the employee...
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Webinars, Videos, and Training > Spirit of the ADA
Reimagining Disability & Inclusive Education | Jan Wilson | TEDxUniversityofTulsa
Her teaching and research areas include gender and disability studies, feminist theory, and United States Women's History....
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
12. May an employer ask whether a reasonable accommodation is needed when an applicant has not asked for one?
conditional offer is made, an employer generally may not ask an applicant whether s/he needs a reasonable accommodation for the job, except when the employer knows that an applicant has a disability...
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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)
§ 36.105(d)(1)(iv)
(iv) An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12102(4)(D)
(D) An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active....
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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)
§ 35.108(d)(1)(iv)
(iv) An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active....
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Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.15(f) Claims Based on Transitory and Minor Impairments Under the “Regarded As” Prong
Minor Impairments Under the “Regarded As” Prong
It may be a defense to a charge of discrimination where coverage would be shown solely under the “regarded as” prong of the definition of 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)
§382.33 May carriers impose other restrictions on passengers with a disability that they do not impose on other passengers?
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual - 1994 Supplement
II-3.5300 Unnecessary inquiries.
State Agency X requires applicants for licenses to practice medicine to disclose whether they have ever had any physical and mental disabilities....
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Legal Documents > United States of America v. Hilton Worldwide Inc. - Consent Decree
13.1 ADA
13.1 “ADA” shall mean and refer to the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. in effect as of the Effective Date....
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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 July 2003)
§ 382.57 Charges for accommodations prohibited
Carriers shall not impose charges for providing facilities, equipment, or services that are required by this part to be provided to qualified individuals with a 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 July 2003)
§ 382.35 Attendants
(a) Except as provided in this section, a carrier shall not require that a qualified individual with a disability travel with an attendant as a condition of being provided air transportation...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
5.5(b) The Job Application Form
5.5(b) The Job Application Form
A review of job application forms should be a priority before the ADA's effective date, to eliminate any questions related to disability....
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-3.5300 Unnecessary inquiries
A public entity may not make unnecessary inquiries into the existence of a disability....
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Webinars, Videos, and Training > Spirit of the ADA
Learning Disability in Higher Education... | Lexie Garrity | TEDxVanderbiltUniversity
In order to strive for this valuable relationship, we must adjust to the diverse population of students in higher education, particularly those with learning disabilities....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
“Priority” Seating Method
“Priority” Seating Method
Carriers may designate an adequate number of “priority” seats for passengers with a disability who meet the above requirements and who request a seating accommodation...