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.
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.213(b)
(b) This paragraph (b) applies to small fixed route operators who choose to provide equivalent service to passengers with disabilities under §37.183(b)(2)....
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.7(a)
(a) For purposes of this part, a vehicle shall be considered to be readily accessible to and usable by individuals with disabilities if it meets the requirements of this part and the standards...
-
State and Local Documents > Codes and Standards > 2019 California Standards
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....
-
Federal Documents > Preamble to Regulations > 14 CFR Parts 382 and 399; 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Air Travel: Accessibility of Web Sites and Automated Kiosks at U.S. Airports - Preamble
5. Other Issues—Federal Preemption
(48) Specifically NFB and NCIL asked the Department to use agency discretion to grant passengers with disabilities, who are protected against disability discrimination under the ACAA...
-
Federal Documents > Standards > 2010 ADA Standards
Bus Loading Zones: ADA Standard Section 209.2.2
Section 209.2.2 covers scoping requirements in the current ADA Standards for bus loading zones.
-
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 3
"No room at the inn" is a reality for many travelers with disabilities, including an ever-increasing number of business travelers with disabilities who regularly face barriers even in newly...
-
Regulatory Support Documents > Regulatory Impact Analyses > Final Regulatory Assessment and Final Regulatory Flexibility Analysis Final Rule - Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description
5. BENEFITS DISCUSSION
BENEFITS DISCUSSION
A large number of Americans have vision or hearing disabilities, to varying degrees. ...
-
Webinars, Videos, and Training > Spirit of the ADA
The Right to be Rescued
“The Right to be Rescued” is a short documentary that tells the stories of people with disabilities affected by Hurricane Katrina....
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
5.5(d) Information that May Be Requested on Application Forms or in Interviews
The questions should focus on the applicant's ability to perform the job, not on a disability....
-
Federal Documents > Technical Assistance > Protecting the Rights of Parents and Prospective Parents with Disabilities: Technical Assistance for State and Local Child Welfare Agencies and Courts
14. Child welfare agencies have an obligation to ensure the health and safety of children. How can agencies comply with the ADA and Section 504 while also ensuring health and safety?
For example, the ADA explicitly makes an exception where an individual with a disability represents a "direct threat."87 Section 504 incorporates a similar principle.88
Under the ADA...
-
Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
Section 36.211 Maintenance of Accessible Features (Preamble, Section-by-Section Analysis)
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...
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
8. Providing Qualified Readers
Providing Qualified Readers
It may be a reasonable accommodation to provide a reader for a qualified individual with a disability, if this would not impose an undue hardship....
-
Legal Documents > United States of America v. Camp Bravo - Settlement Agreement
BACKGROUND
III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12181-12189. ...
-
Federal Documents > Preamble to Regulations > 28 CFR Part 35, Appendix B: 1991 ADA Title II Regulations Preamble and Section-by-Section Analysis
§35.133 Maintenance of Accessible Features
provides that a public entity 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...
-
Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Sample Action Plan
Send to Disability Commission for feedback.
3. Finalize notice
4. Put notice on website.
5. Post notice in public buildings.
6....
-
Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§35.133 Maintenance of accessible features (Section-by-Section Analysis)
provides that a public entity 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...
-
State and Local Documents > State Technical Assistance > CCDA Accessibility Compliance for Businesses: "Myths and Misconceptions"
8. A condominium (or apartment) development has to comply only with CBC Chapter 11A.
Housing Act (FEHA) requires all "covered multi-family dwellings" designed and constructed for first occupancy after March 13, 1991 to be readily accessible to and usable by persons with disabilities...
-
Additional Access Publications > A Guide to Planning Accessible Meetings
Accommodations for Deaf Individuals or Those Experiencing Hearing Loss
Auditory and spoken information needs to be accessible to people whose disabilities affect communication, including people who are Deaf or hard of hearing and those with speech disabilities...
-
Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-4.6200 Courses
The entity offering the course must ensure that the course materials that it provides are available in alternate formats that individuals with disabilities can use....
-
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)
Section 36.211 Maintenance of Accessible Features (Section-By-Section Analysis and Response to Comments)
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...
-
Federal Documents > Preamble to Standards > 36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards) - Preamble
36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards) - Preamble
to have access to and use of information and data that is comparable to the access to and use of information and data by Federal employees who are not individuals with disabilities, unless...
-
Links > Publication
ADA Now - Online Quarterly Newsletter from the ACTCP
ADA Now is an on-line magazine, published quarterly, that provides information and resources on the Americans with Disabilities Act. ...
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Enforcement and Remedies
An individual with a disability who believes that (s)he has been discriminated against in employment can file a charge with EEOC....
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
7.5 Nondiscrimination and Opportunity for Advancement
In particular, an employer:
should not assume that an individual is not interested in, or not qualified for, advancement because of disability;
should not deny a promotion...