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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Products and Additional Resources > Products
Unity Surfacing Systems Tough-Land Surfacing
Tough-Land is a puncture resistant, noise-reducing product that can withstand heavy blows and are accessible to the disabled....
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Rulemaking Process Documents > Committee Activity and Reports > Recommendations on Standards for the Design of Medical Diagnostic Equipment for Adults with Disabilities, Advisory Committee Final Report
2.2 Evidence of Physical Accessibility Barriers
Persons with the most severe disabilities reported significantly more difficulties than did persons with the least severe disabilities (30.9 versus 13.8%)....
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State and Local Documents > Guidelines > Accessible Fishing Piers and Platforms - A Summary of Accessibility Guidelines for Recreation Facilities
Introduction
Introduction
The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that prohibits discrimination on the basis of disability....
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State and Local Documents > Guidelines > Accessible Sports Facilities - A Summary of Accessibility Guidelines for Recreation Facilities
Introduction
Introduction
The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that prohibits discrimination on the basis of disability....
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State and Local Documents > Guidelines > Accessible Swimming Pools, Wading Pools and Spas - A Summary of Accessibility Guidelines for Recreation Facilities
Introduction
Introduction
The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that prohibits discrimination on the basis of disability....
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
1. Claims
Title II of the ADA provides that "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...
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State and Local Documents > Guidelines > Accessible Golf Courses - A Summary of Accessibility Guidelines for Recreation Facilities
Introduction
Introduction
The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that prohibits discrimination on the basis of disability....
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State and Local Documents > Guidelines > Accessible Miniature Golf - A Summary of Accessibility Guidelines for Recreation Facilities
Introduction
Introduction
The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that prohibits discrimination on the basis of disability....
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State and Local Documents > Guidelines > Accessible Boating Facilities - A Summary of Accessibility Guidelines for Recreation Facilities
Introduction
Introduction
The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that prohibits discrimination on the basis of disability....
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State and Local Documents > Guidelines > Accessible Amusement Rides - A Summary of Accessibility Guidelines for Recreation Facilities
Introduction
Introduction
The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that prohibits discrimination on the basis of disability....
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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)
General comments regarding safe harbor. (Section-by-Section Analysis)
Generally, covered entities favored a safe harbor, while entities representing individuals with disabilities did not. ...
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Legal Documents > SETTLEMENT AGREEMENT between THE UNITED STATES OF AMERICA and PALM BEACH COUNTY, FLORIDA
BACKGROUND AND JURISDICTION
Title II of the ADA and its implementing regulation require public entities to make their programs, services, and activities accessible to qualified individuals with disabilities. ...
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Legal Documents > VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE TOWN OF LEWISBORO, NEW YORK
A. POLICIES AND PROCEDURES
At minimum, those policies will provide that Lewisboro:
will not discriminate on the basis of disability in its hiring or employment practices....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
H. Barriers Affecting Accessibility and Usability of Medical Diagnostic Equipment
Research Center on Accessible Medical Instrumentation conducted a national survey in 2004 to collect information on the types of medical equipment that is most difficult for individuals with disabilities...
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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....
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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...
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Federal Documents > Technical Assistance > 2016 ADA CHECKLIST FOR POLLING PLACES
Passenger Drop-off Locations
Some voters with disabilities will be driven to the polling place and dropped off in a passenger drop-off area near the entrance....
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Federal Documents > Technical Assistance > A Guide to Disability Rights Laws
Voting Accessibility for the Elderly and Handicapped Act
The Voting Accessibility for the Elderly and Handicapped Act of 1984 generally requires polling places across the United States to be physically accessible to people with disabilities for...
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Federal Documents > Technical Assistance > Accessible Information Exchange: Meeting on a Level Playing Field
Accessible Meeting Location
People with disabilities are no exception....
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Federal Documents > Technical Assistance > ADA Mediation Program - Questions and Answers
ADA Mediation Program - Questions and Answers
Department of Justice
Civil Rights Division
Disability Rights Section
ADA Mediation Program - Questions and Answers
In enacting the Americans with Disabilities Act (ADA),...
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State and Local Documents > State Technical Assistance > Technical Memorandum TM 2013-13 Housing at a Place of Education
Technical Memorandum TM 2013-13 Housing at a Place of Education
This definition is consistent with the ADA Title II Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services § 35.104 and Title III Part 36 Nondiscrimination...
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Federal Documents > Regulations > 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through Aug. 2015)
§27.7(e) Reasonable accommodations
A recipient shall make reasonable accommodations in policies, practices, or procedures when such accommodations are necessary to avoid discrimination on the basis of disability unless the...
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Federal Documents > Technical Assistance > Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools
Q17: Where can I find additional information or receive technical assistance concerning Section 504 and Title II in light of the Amendments Act?
A: For further information about the Amendments Act and Section 504, please see "Protecting Students With Disabilities: Frequently Asked Questions About Section 504 and the Education of...
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Federal Documents > Technical Assistance > Section 508 of the Rehabilitation Act - Frequently Asked Questions
C.5.i. - Who is responsible for enforcing Section 508? Are there any reporting requirements?
Individuals with disabilities are responsible for enforcing the requirements of Section 508....