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 > 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 > 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 > 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 > 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
Jennifer Keelan, 08 of 12: "Climbing the Capitol Steps for ADA"
Jennifer Keelan of Denver, CO talks about growing up as a person with a disability in the era of the ADA, as well as her activism as young child fighting for the ADA....
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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 > 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 > 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)
§ 382.35 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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Webinars, Videos, and Training > Spirit of the ADA
The Truth About Growing Up Disabled | Dylan Alcott | TEDxYouth@Sydney
He grew up disabled, but it might not be what you think. In this engaging and funny talk, Dylan tells us what it's really like growing up with a disability....
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Federal Documents > Technical Assistance > Commonly Asked Questions About the Americans with Disabilities Act and Law Enforcement
5. Q: What are some common problems that people with disabilities have with law enforcement?
Some people with disabilities may have a staggering gait or slurred speech related to their disabilities or the medications they take....
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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 > 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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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 > 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...
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-2.4000 Substantial limitation of a major life activity
To constitute a "disability," a condition must substantially limit a major life activity....
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Executive Order 13548—Increasing Federal Employment of Individuals with Disabilities
Executive Order 13548—Increasing Federal Employment of Individuals with Disabilities
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7/26/2010
On the 20th anniversary...
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
Speech Disabilities
A speech disability prevents a person from using or accessing information or building features that require the ability to speak....
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Webinars, Videos, and Training > Spirit of the ADA
When we design for disability, we all benefit | Elise Roy | TED Talks
As a disability rights lawyer and design thinker, she knows that being Deaf gives her a unique way of experiencing and reframing the world -- a perspective that could solve some of our largest...
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Additional Access Publications > Proceedings of: Workshop on Improving Building Design for Persons with Low Vision
Issue 20: Why should we embark on a new guideline?
There’s an executive order that mandates that federal agencies hire people with disabilities and veterans, and most federal agencies have disability initiatives, like you heard me discuss...
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§35.170(a)
An individual who believes that he or she or a specific class of individuals has been subjected to discrimination on the basis of disability by a public entity may, by himself or herself...