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 > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.81(c)(1)
(1) The initial solicitation for used vehicles made by the public entity specifying that all used vehicles were to be accessible to and usable by individuals with disabilities, or, if a...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.193(a)(1)
(1) Beginning one year from the date on which the requirements of this subpart begin to apply to the operator, it shall ensure that any individual with a disability that requests service...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.189(d)
(d) If the individual with a disability does not provide the advance notice the operator requires under paragraph (a) of this section, the operator shall nevertheless provide the service...
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State and Local Documents > Codes and Standards > 2019 California Standards
RECOMMEND
HCD 2] Does not require mandatory acceptance, but identifies a suggested action that shall be considered for the purpose of providing a greater degree of accessibility to persons with disabilities...
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Additional Access Publications > Evan Terry Associates Barrier Management Systems
ADA Compliance Motivators & Strategies
One hospital decided that they were spending too much money on workmen's compensation and disability benefits....
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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)
Whether the definition of "wheelchair'' includes the Segway® PT. (Section-by-Section Analysis)
The fact that the Segway® PT is not designed primarily for use by individuals with disabilities, nor used primarily by persons with disabilities, complicates the question of to what extent...
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State and Local Documents > Guidelines > Guidelines for Environmental Infection Control in Health-Care Facilities (excerpts related to service animals only)
3. Service Animals
an animal trained to provide assistance to a person because of a disability....
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Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.2(l) Regarded as Substantially Limited in a Major Life Activity
disabilities are often just as disabling as actual impairments, and [its] corresponding desire to prohibit discrimination founded on such perceptions.” 2008 Senate Statement of Managers...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-8.2000 Self-evaluation
Where equipment is used as part of a public entity's program, activity, or service, an assessment should be made to ensure that the equipment is usable by individuals with disabilities,...
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Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture (ANPRM)
B. Legal foundation for equipment and furniture coverage
Legal foundation for equipment and furniture coverage
The ADA prohibits discrimination on the basis of disability in all services, programs, and activities offered by public entities...
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Federal Documents > Technical Assistance > Employer-Provided Leave and the Americans with Disabilities Act
Granting Leave as a Reasonable Accommodation
As noted above, requests for leave related to disability can often fall under existing employer policies....
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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)
Section 36.208 Direct Threat (Preamble, Section-by-Section Analysis)
Commenters representing individuals with disabilities generally supported this provision, but suggested revisions to further limit its application....
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Webinars, Videos, and Training > Spirit of the ADA
All Signs Point to Change
The International Symbol of Access is suppose to indicate barrier-free areas for all disabled people. However, the symbol itself seems to be the biggest obstacle for many of us....
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Additional Access Publications > CASI California Survey Reports Acceptance Criteria - Equivalent Facilitation AC 01 -12
CASI California Survey Reports Acceptance Criteria - Equivalent Facilitation AC 01-12
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109.1.5 Special Conditions for Persons with Disabilities Requiring Appeals Action Ratification....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE BOARD OF ELECTION COMMISSIONERS FOR THE CITY OF CHICAGO, ILLINOIS
BACKGROUND
a compliance review of polling places under the jurisdiction of the Board of Election Commissioners for the City of Chicago, Illinois (the "Board") under Title II of the Americans with Disabilities...
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Number of accessible cells
requires at least 2 percent, but no fewer than one, of the cells in newly constructed detention and correctional facilities to have accessibility features for individuals with mobility disabilities...
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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)
Number of accessible cells. (Section-by-Section Analysis)
requires at least 2 percent, but no fewer than one, of the cells in newly constructed detention and correctional facilities to have accessibility features for individuals with mobility disabilities...
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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
Training
matters (including, but not limited to, the functions of the University’s Office of Disability Services and the functions and identity of the University’s ADA Coordinator, who, among other...
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Federal Documents > Technical Assistance > The Americans with Disabilities Act and Other Federal Laws Protecting the Rights of Voters with Disabilities
PROVIDING ACCESSIBLE POLLING PLACES
The ADA requires that public entities ensure that people with disabilities can access and use their voting facilities. ...
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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)
"Doing work'' or "performing tasks.'' (Section-by-Section Analysis)
requirement first articulated in the 1991 title III regulation that in order to qualify as a service animal, the animal must ‘‘perform tasks'' or ‘‘do work'' for the individual with a disability...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
1. Summary of Results
On the benefits side, the Preliminary RIA monetizes incremental benefits under the proposed 508 Standards attributable to: (a) increased productivity of federal employees with certain disabilities...
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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)
Doing "work'' or "performing tasks.'' (Section-by-Section Analysis)
requirement, first articulated in the 1991 title III regulation, that in order to qualify as a service animal, the animal must ‘‘perform tasks'' or ‘‘do work'' for the individual with a disability...
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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)
Web site accessibility. (Section-by-Section Analysis)
commenters expressed disappointment that the NPRM did not require title II entities to make their Web sites, through which they offer programs and services, accessible to individuals with disabilities...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Introduction
Opportunity Commission (EEOC) is issuing this Technical Assistance Manual as part of an active technical assistance program to help employers, other covered entities, and persons with disabilities...