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 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
Act
Act means the Americans with Disabilities Act (Pub. L. 101-336, 104 Stat. 327, 42 U.S.C. 12101-12213 and 47 U.S.C. 225 and 611)....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.193(a)(1)(ii)
(ii) If the individual with a disability does not provide the advance notice the operator requires, the operator shall nevertheless provide the service if it can do so by making a reasonable...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.213(b)(1)
(1) The operator shall complete the Service Request Form in Appendix A to this subpart on every occasion on which a passenger with a disability needs equivalent service in order to be provided...
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Alterations to Existing Elevators
Commenters noted that such a requirement is burdensome and will result in costly efforts without significant benefit to individuals with disabilities....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
9.1 Overview of Legal Obligations
Only injured workers who meet the ADA's definition of an "individual with a disability" will be considered disabled under the ADA, regardless of whether they satisfy criteria for receiving...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
Chapter 7 Addendum 2: The ADA and Emergency Shelters: Access for All in Emergencies and Disasters
Regardless of who operates a shelter, the Americans with Disabilities Act (ADA) generally requires shelters to provide equal access to the many benefits that shelters provide, including...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-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 > United States of America v. Camp Bravo - Settlement Agreement
TITLE III COVERAGE
Under title III of the ADA, no person who owns, leases (or leases to), or operates a place of public accommodation may discriminate against an individual on the basis of disability in the...
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
V. CONCLUSION
CONCLUSION
The Court is sensitive to the plight of mobility-impaired and other disabled individuals....
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Federal Documents > Technical Assistance > USDA Forest Service Missoula Technology and Development Center Facilities Toolbox: Accessibility Tools
What is program accessibility?
Section 504 of the Rehabilitation Act of 1973 requires that individuals with disabilities have an equal opportunity to participate in all federally conducted and federally assisted programs...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Examples of Implementation Methods
State of Rhode Island
City of Austin, Texas
ADA Coordinator
Director, Governor’s Commission on Disabilities
Staff member, Human Resources...
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Research and History > Research Documents > Accessible Exterior Surfaces Technical Article
Energy Requirements for Different Surfaces
0.20
0.28
0.31
0.37
1.31
Rest = Resting energy consumption (mlO2/kg/min)
AwLM Ambulatory with limited mobility
NoDis No known disability...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-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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State and Local Documents > Codes and Standards > 2019 California Standards
11B-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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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12209(c)(5) Construction
--Nothing in this section shall alter the enforcement procedures for individuals with disabilities provided in the General Accounting Office Personnel Act of 1980 and regulations promulgated...
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Federal Documents > Preamble to Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)
Are airline personnel responsible for the care and feeding of service animals?
The care and supervision of a service animal is solely the responsibility of the passenger with a disability whom the animal is accompanying....
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Legal Documents > United States of America, Plaintiff, v. Cinemark USA, Inc., Defendant - Consent Order
B.
The United States Department of Justice ("Department" or "DOJ") is the federal agency responsible for administering and enforcing Title III of the Americans with Disabilities Act, 42 U.S.C...
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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)
§382.63(a)(1)
(1) The accessible lavatory must permit a qualified individual with a disability to enter, maneuver within as necessary to use all lavatory facilities, and leave, by means of the aircraft's...
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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)
§382.81(b)(1)
(1) When a passenger with a disability is traveling with a personal care attendant who will be performing a function for the individual during the flight that airline personnel are not required...
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Federal Documents > Technical Assistance > Resolving ADA Complaints Through Mediation: An Overview
Successful
Successful
The Program has successfully resolved thousands of ADA disputes resulting in increased access for people with disabilities and has saved businesses and State and local governments...
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Federal Documents > Standards > 36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards)
§ 1194.31(e)
(e) At least one mode of operation and information retrieval that does not require user speech shall be provided, or support for assistive technology used by people with disabilities shall...
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Federal Documents > Standards > 36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards)
§ 1194.25(a)
(a) Self contained products shall be usable by people with disabilities without requiring an end-user to attach assistive technology to the product. ...
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Federal Documents > Standards > 36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards)
Alternate formats
Alternate formats usable by people with disabilities may include, but are not limited to, Braille, ASCII text, large print, recorded audio, and electronic formats that comply with this part...
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State and Local Documents > Codes and Standards > Elimination of Architectural Barriers - TDLR Government Code, Chapter 469
Sec. 469.152(2)
(2) the commission knows that the waiver or modification would result in a violation of the Americans with Disabilities Act of 1990 (42 U.S.C....