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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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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Legal Documents > Settlement Agreement Between the United States of America, Louisiana Tech University, and the Board of Supervisors for the University of Louisiana System Under the Americans with Disabilities Act
TITLE II COVERAGE AND FINDINGS
Under title II of the ADA, 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, programs...
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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)
Section 36.302(f) Ticketing (Section-by-Section Analysis)
In response to the ANPRM, individuals with disabilities and related advocacy groups commented that the reduced requirements for accessible seating in assembly areas underscored the need...
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
ADA Facilities Compliance Strategies for Private Hospitals
CONSULT - Discuss your facilities' accessibility with your own employees who have disabilities and, if available, with local accessible design consultants and/or local disability support...
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
ADA Facilities Compliance Strategies for Private Entities
CONSULT - Discuss your facilities' accessibility with your own employees who have disabilities and, if available, with local accessible design consultants and/or local disability support...
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Federal Documents > Preamble to Regulations > 49 CFR Parts 37 and 38 -- Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments, Preamble
SUPPLEMENTARY INFORMATION:
Comments came primarily from members of the transportation industry and the disability community....
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Additional Access Publications > Accessible Health Care Briefs: HEALTH CARE (Clinic/Outpatient) FACILITIES ACCESS
4. b. GOVERNMENT ADA PUBLICATIONS AND INFORMATION
Department of Justice Civil Rights Division
Americans with Disabilities Act (ADA) Guide for Small Businesses, October 15, 2002
www.sbaonline.sba.gov/ada/smbusgd.html
PDF (835 KB...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND HARRIS COUNTY, TEXAS
INTRODUCTION
Following an investigation, the United States brought a civil action against Harris County, Texas (“Harris County”), to enforce Title II of the Americans with Disabilities Act of 1990...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND SOUTH CAROLINA DEPARTMENT OF CORRECTIONS UNDER THE AMERICANS WITH DISABILITIES ACT
IV. DEFINITIONS
"Disability" will be defined as it is in the ADA, 42 U.S.C. § 12102(1). See also 28 C.F.R. § 35.108....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12201(c)(4)
.-- Nothing in this Act shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit which such individual chooses not...
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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)
§382.41(b)
., by row and seat number) that the carrier, consistent with this part, does not make available to passengers with a disability (e.g., exit row seats);...
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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)
§382.55(d)
(d) If you use technology that can conduct an appropriate screening of a passenger with a disability without necessitating a physical search of the person, you are not required to provide...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12207(b) Submission of Report
--Not later than 1 year after the enactment of this Act, the National Council on Disability shall submit the report required under subsection (a) to Congress....
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Federal Documents > Technical Assistance > ADA/Section 504 Design Guide - Accessible Cells in Correction Facilities
5. Toilet centerline
Toilet centerline: The toilet bowl needs to be centered 18 inches from the side wall, so that inmates with disabilities can use the side grab bar....
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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)
Unequal benefit (Preamble, Section-by-Section Analysis)
For example, persons with disabilities must not be limited to certain performances at a theater....
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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.36.203(c)(1)
(1) Nothing in this part shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit available under this part that such...
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Federal Documents > Technical Assistance > Event Requirements Checklist for Ensuring Meeting/Event Accessibility
No accessible meeting sites
□ At locations where absolutely no accessible meeting sites are available (such as some remote sites), take every action to ensure people with disabilities have an equal opportunity to participate...
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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)
§ 36.203(c)(1)
(1) Nothing in this part shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit available under this part that such...
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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)
§382.151(d)
(d) Each CRO must be thoroughly familiar with the requirements of this part and the carrier's procedures with respect to passengers with a disability....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12112(b)(4)
(4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a...
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State and Local Documents > Guidelines > 36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines)
T704.2.2 Operation
A mechanism for requesting stops shall be located at each wheelchair space and priority seat for passengers with disabilities....
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
Act
Act - Public Law 101-336 - This Act may be cited as the "Americans with Disabilities Act of 1990".
- Source: Definition from ADA Public Law 101- 336...
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
WITHHOLDING OF TREATMENT NOT AUTHORIZED {35.130}
WITHHOLDING OF TREATMENT NOT AUTHORIZED {35.130}
“Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water,...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12112(b)(4)
(4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a...