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)
§ 35.170(a) Who may file
An individual who believes that he or she or a specific class of individuals has been subjected to discrimination on the basis of disability by a public entity may, by himself or herself...
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Federal Documents > Technical Assistance > Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act
8. Q: What about children whose presence is dangerous to others? Do we have to take them, too?
The determination that a child poses a direct threat may not be based on generalizations or stereotypes about the effects of a particular disability; it must be based on an individualized...
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Federal Documents > Technical Assistance > Expanding Your Market: Accessibility Benefits Older Adult Customers
Expanding Your Market: Accessibility Benefits Older Adult Customers
Many older adults, whether they have disabilities or not, are often unwilling to be categorized as “old” or in need of “special services.”...
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Federal Documents > Regulations > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§1630.2(m) qualified
(m) The term “qualified,” with respect to an individual with a disability, means that the individual satisfies the requisite skill, experience, education and other job-related requirements...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.201(b)
who owns, leases, or controls such a facility to provide rest stop services, the OTRB operator shall ensure the facility complies fully with applicable requirements of the Americans with Disabilities...
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Federal Documents > Technical Assistance > Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights
7. What if I am being harassed because of my condition?
Harassment based on a disability is not allowed under the ADA. You should tell your employer about any harassment if you want the employer to stop the problem....
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Federal Documents > Technical Assistance > DOJ/DOE Joint Publication: Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools
Individuals with Disabilities Education Act (IDEA) and Communication Needs
Individuals with Disabilities Education Act (IDEA) and Communication Needs
Under Part B, evaluations of all children suspected of having a disability are subject to the IDEA evaluation...
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Webinars, Videos, and Training > Spirit of the ADA
"Lead On" - Americans with Disabilities Act 23 years later
Requires the Registered User plan or above.
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
DIFFERENT OR SEPARATE PROHIBITED {35.130}
DIFFERENT OR SEPARATE PROHIBITED {35.130}
Unless necessary to provide aids, benefits, or services as effective as provided to others
When individuals are not allowed...
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Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.4(b)(4)
(4) A recipient may not, directly or through contractual or other arrangements, utilize criteria or methods of administration
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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)
§ 36.105(b)(1)(i)
(i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as: Neurological, musculoskeletal, special sense...
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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)
§ 35.108(b)(1)(i)
(i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as: neurological, musculoskeletal, special sense...
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Federal Documents > Technical Assistance > Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act
5. Q: My insurance company says it will raise our rates if we accept children with disabilities. Do I still have to admit them into my program?
Q: My insurance company says it will raise our rates if we accept children with disabilities. Do I still have to admit them into my program?
A: Yes....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
No Advance Seat Assignments
No Advance Seat Assignments
If a carrier does not provide advance seat assignments, you must allow passengers who identify themselves as passengers with a disability in need of a seating...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Recently, I broke my leg and I’ll be in a cast and walking with crutches for several weeks. Am I covered by the ACAA?
Since your temporary impairment limits the major life activity of walking, you are considered a qualified individual with a disability....
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Webinars, Videos, and Training > Spirit of the ADA
Disability Etiquette 101 Video
Disability Etiquette 101: This video, produced by Rachel Roff, answers many common questions about interacting with persons with disabilities....
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
Sections 35.108(d)(1)(ix) and 36.105(d)(1)(ix)—Impairment That Lasts Less Than Six Months Can Still Be a Disability Under First Two Prongs of the Definition
Sections 35.108(d)(1)(ix) and 36.105(d)(1)(ix)—Impairment That Lasts Less Than Six Months Can Still Be a Disability Under First Two Prongs of the Definition
In §§ 35.108(d)(1)(ix) and...
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Federal Documents > Technical Assistance > Employer-Provided Leave and the Americans with Disabilities Act
Communication During Leave and Prior to Return to Work
Example 9: An employee with a disability is granted three months of leave by an employer. Near the end of the three month leave, the employee requests an additional 30 days of leave....
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Federal Documents > Technical Assistance > Examples and Resources to Support Criminal Justice Entities in Compliance with Title II of the ADA
Administer services, programs, and activities in integrated setting
Administer services, programs, and activities, including disability services, in the most integrated setting appropriate to the needs of qualified individuals with disabilities....
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)
Disability (Section-By-Section Analysis and Response to Comments)
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Webinars, Videos, and Training > Spirit of the ADA
Let’s change the way we think about disability | Joel Dembe | TEDxMississauga
A 4-time Canadian National Wheelchair Tennis Champion and Paralympian discusses his journey living with a disability....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
D. Recording, Categorizing, and Reporting Written Disability-related Complaints Received by Carriers
U.S. carriers and foreign carriers1 operating to, from, and in the United States using at least one aircraft with more than 60 passenger seats must record, categorize, and report written disability-related...
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Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
Employees
Employees
The ADA strictly limits the circumstances under which an employer may ask questions about an employee's medical condition or require the employee to have a medical...
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Federal Documents > Technical Assistance > Expanding Your Market: Accessibility Benefits Older Adult Customers
Websites
• Websites designed to be visually accessible with text written clearly and simply, including only relevant images and explicit navigational instructions, make interested but...