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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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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Corada Voices > Professional Interpretations or Opinions
Employee Parking Lot
By: Dennis Miles, AIA, CBO, CASp 151
Per Title I of the ADA employees with disabilities are entitled to reasonable accommodations in the workplace....
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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)
§382.3 Battery-powered mobility aid
assistive device that is used by individuals with mobility impairments such a wheelchair, a scooter, or a Segway when it is used as a mobility device by a person with a mobility-related disability...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.2(o)(1)(II)
Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a 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 (1991 ADA Title III Regulations)
Sec.36.309(c)(1)
covered by this section must make such modifications to that course as are necessary to ensure that the place and manner in which the course is given are accessible to individuals with disabilities...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
APPENDIX C
Public Health Service, Pursuant to Section 103(d)of the Americans with Disabilities Act)...
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Federal Documents > Technical Assistance > Event Requirements Checklist for Ensuring Meeting/Event Accessibility
Transportation
If transportation is provided to all participants, provide accessible transportation for participants with disabilities....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12101(b)(4)
congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major ares of discrimination faced day-to-day by people with disabilities...
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
USE OF THE WAY
However, the ability of a person with a cognitive disability to use the exits should be verified....
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
30. If an employee is reassigned to a lower level position, must an employer maintain his/her salary from the higher level position?
No, unless the employer transfers employees without disabilities to lower level positions and maintains their original salaries.(91)
91. 29 C.F.R. pt. 1630 app. § 1630.2(o) (1997)....
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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(b)(5)(i)
(i) That have the effect of excluding persons with a disability from, denying them the benefits of, or otherwise subjecting them to discrimination under any program or activity that receives...
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Federal Documents > 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
6. The authority citation for part 27 continues to read as follows:
Title 49—Transportation
PART 27—NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
6....
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
ADA Regulations
ADA Regulations - Title III - Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (28 CFR Part 36)
- Source: Definition from ADA Title...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12182(b)(1)(C) Opportunity to participate
(C) Opportunity to participate
Notwithstanding the existence of separate or different programs or activities provided in accordance with this section, an individual with a disability...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12207(b) Submission of report
(b) Submission of report
Not later than 1 year after July 26, 1990, the National Council on Disability shall submit the report required under subsection (a) of this section to Congress...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
Part 35--NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES
ETA Editor's Note
Click here for the Preamble to 28 CFR Part 35 Title II NPRM....
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Federal Documents > Technical Assistance > Requirements to Remember for ADA Compliance in Construction Projects: Transportation Facilities
Wheelchair user access to all accessible cars
Wheelchair users must have access to all accessible cars available to passengers without disabilities in each train using the station. (DOT ADA Regulation 49 C.F.R. 37.42.)...
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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)
§35.130(e)(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 provided under the ADA or this part...
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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)
§ 36.309(c)(1)
covered by this section must make such modifications to that course as are necessary to ensure that the place and manner in which the course is given are accessible to individuals with disabilities...
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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)
§ 36.303(c)(3)(ii)
(ii) Where the individual with a disability specifically requests that the accompanying adult interpret or facilitate communication, the accompanying adult agrees to provide such assistance...
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Federal Documents > Technical Assistance > Frequently Asked Questions about Service Animals and the ADA
Q5. Does the ADA require service animals to be professionally trained?
People with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program....