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 > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Section 36.406(g) Medical Care Facilities
The Department is aware, however, of problems that individuals with disabilities face in receiving full and equal medical care when accessible sleeping rooms are not adequately dispersed...
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Federal Documents > Technical Assistance > Expanding Your Market: Tax Incentives for Businesses
Expanding Your Market: Tax Incentives for Businesses
Department of Justice
Civil Rights Division
Disability Rights Section
Businesses can take advantage of two Federal tax incentives available to help cover costs of making access...
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Additional Access Publications > Proceedings of: Workshop on Improving Building Design for Persons with Low Vision
Operational Definitions
In fact, it refers to any chronic visual impairments that cause functional limitations or disability (slide 3)....
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Federal Documents > Preamble to 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 - Preamble
4. Identification and Maintenance
Two disability organizations supported the requirement for affixing an international accessibility symbol....
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Federal Documents > Technical Assistance > ADA Checklist for New Lodging Facilities
ADA Requirements
Under the ADA, hotels, motels, inns and other places of lodging designed or constructed after January 26, 1993, must be usable by persons 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)
Section 36.406(g) Medical Care Facilities (Section-by-Section Analysis)
The Department is aware, however, of problems that individuals with disabilities face in receiving full and equal medical care when accessible sleeping rooms are not adequately dispersed...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
C. 255 Guidelines: Application and Scoping (Section-by-Section Analysis)
The Advisory Committee was unable to reach consensus on recommendations for requirements to make ICT accessible for individuals with cognitive disabilities, citing a lack of common standards...
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Legal Documents > United States of America v. The Beth Israel Deaconess Medical Center - Settlement Agreement
B. JURISDICTION
Modify policies, practices, and procedures when necessary in order to afford access to services and facilities to individuals with disabilities, 42 U.S.C. §§ 12182(a) & 12182 (b)(2)(...
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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)
Section 35.151(h) Medical care facilities (Section-by-Section Analysis)
The Department is aware, however, of problems that individuals with disabilities face in receiving full and equal medical care when accessible sleeping rooms are not adequately dispersed...
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Title III Highlights
II. Overview of Requirements
Eliminate unnecessary eligibility standards or rules that deny individuals with disabilities an equal opportunity to enjoy the goods and services of a place of public accommodation. ...
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Legal Documents > United States of America v. Quiktrip Corporation - Consent Decree
Signatures and Contact Information Page
BREEN, Special Legal Counsel
Disability Rights Section
By: ________________________________
JEANINE M....
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Federal Documents > Technical Assistance > Technical Bulletin: Ground and Floor Surfaces
What values are recommended for ground and floor surfaces along an accessible route?
The surfaces of the accessible route on a site or within a building or facility must be designed to provide slip-resistant locomotion for both level and inclined travel by persons with disabilities...
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Legal Documents > United States of America, Plaintiff, v. Ellerbe Becket, Inc., Defendant - Consent Order
A. Background
On October 10, 1995, The United States filed a complaint to enforce title III of the Americans with Disabilities Act (the "ADA"), 42 U.S.C. §§ 12181 through 12189, against Ellerbe Becket...
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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)
The ADA and Department of Justice Regulations
The ADA broadly protects the rights of individuals with disabilities in employment, access to state and local government services, places of public accommodation, transportation, and other...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Purpose of the Manual
Knowing your legal responsibilities will help ensure consistent compliance with the law and protect the civil rights of air travelers with disabilities when providing services, facilities...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
C. Boarding and Deplaning Assistance
If a passenger with a disability requests assistance getting on or off an airplane or you offer assistance and the passenger consents to the type of boarding or deplaning assistance you...
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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)
i. EIT for effective communication in accessible rooms
the opportunity to make outgoing telephone calls on more than an incidental convenience basis to make TTYs available for the use of customers, patients, or clients who have communication disabilities...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ILLINOIS STATE POLICE
BACKGROUND
The United States alleges that the claimants listed in paragraph 24 below, are individuals with disabilities within the meaning of 42 U.S.C. § 12111(8)....
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Federal Documents > Technical Assistance > ADA Update - A Primer for Small Business
ADA INFORMATION RESOURCES
“Reaching Out to Customers with Disabilities” explains the ADA’s requirements for businesses in a short 10-lesson online course (www.ada.gov/reachingout/intro1.htm)....
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Federal Documents > Technical Assistance > ADA Guide for Small Businesses
Existing Facilities
Existing Facilities
Many business facilities were built without features that accommodate people with disabilities, including people who use wheelchairs....
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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)
General Regulatory Approach
Many of these commenters said they preferred a more general approach, in which an overall objective of nondiscrimination and service to persons with disabilities was stated, with the details...
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Federal Documents > Technical Assistance > Access to Medical Care for Individuals with Mobility Disabilities
Scales
Too often, individuals who use wheelchairs are not weighed at the doctor’s office or hospital, even though patients without disabilities are routinely weighed, because the provider does...
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Federal Documents > Technical Assistance > ADA Requirements - Effective Communication
Staff Training
Covered entities should teach staff about the ADA's requirements for communicating effectively with people who have communication disabilities....
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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 4.1.1, Application (Preamble, Section-by-Section Analysis)
Section 4.1.1(3) preserves the basic principle of the proposed rule: Areas that may be used by employees with disabilities shall be designed and constructed so that an individual with a...