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 > 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...
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
3. ADA Coordinators
Every City department with over fifty employees has a designated ADA Coordinator responsible for investigating disability access complaints and serving as a resource for the department on...
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Federal Documents > Technical Assistance > Examples and Resources to Support Criminal Justice Entities in Compliance with Title II of the ADA
Diversion and Coordination with Mental Health Providers
and Coordination with Mental Health Providers: A settlement agreement in Portland led to the creation of a crisis center available to first responders seeking to divert individuals with disabilities...
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Federal Documents > Technical Assistance > ADA Checklist for Emergency Shelters
1. Typical Issues
Typical Issues
During an evacuation, some individuals with a mobility disability may arrive at the shelter in a car or van....
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Federal Documents > Technical Assistance > Department of HHS Dear Colleague Letter: Guidance and Resources for Electronic Information Technology: Ensuring Equal Access to All Health Services and Benefits Provided Through Electronic Means
Websites
to a health program or activity that uses a website: “a Health Insurance MarketplaceSM creating a Website for application for health insurance coverage must ensure that 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)
Other requirements. (Section-by-Section Analysis)
The NPRM also proposed that the regulation include the following requirements: that the work or tasks performed by the service animal must be directly related to the handler's disability...
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Federal Documents > Preamble to Regulations > 49 CFR Parts 37 and 38 -- Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments, Preamble
NPRM
The NPRM proposed that, at new or altered platforms in intercity and commuter rail stations, rail operators would have to ensure that passengers with disabilities would be able to board...
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
233.3.2 Residential Dwelling Units for Sale
Residential dwelling units offered for sale shall provide accessible features to the extent required by regulations issued by Federal agencies under the Americans with Disabilities Act or...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF DEKALB, ILLINOIS
Reporting
the following:
Any lawsuit, written complaint, charge, or grievance alleging that the City conducted an unlawful inquiry as to whether an applicant is an individual with a disability...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF FALLON, NEVADA
I. BACKGROUND
Under Title I of the ADA, it is unlawful for an employer to make inquiries as to whether an applicant is an individual with a disability or as to the nature of such disability before making...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND UNION PARISH DETENTION CENTER
SETTLEMENT TERMS
SETTLEMENT TERMS
Legal Prerequisites & Definitions
Title II prohibits discrimination against qualified individuals with disabilities on the basis of disability in the “services...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF FALLON, NEVADA
Reporting
the following:
Any lawsuit, written complaint, charge, or grievance alleging that the City conducted an unlawful inquiry as to whether an applicant is an individual with a disability...
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Federal Documents > Preamble to Regulations > 36 CFR Part 1194 - Information and Communication Technology (ICT) Final Standards and Guidelines Jan. 2018 Amendments - Preamble
Legal Authority
Section 508”), as amended, mandates that Federal agencies “develop, procure, maintain, or use” information and communication technology (ICT) in a manner that ensures Federal employees 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)
Section 4.1.1, Application (Section-By-Section Analysis and Response to Comments)
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...
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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)
Other requirements. (Section-by-Section Analysis)
The NPRM also proposed that the regulation include the following requirements: that the work or tasks performed by the service animal must be directly related to the handler's disability...