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 > 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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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...
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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 35.137 Mobility devices. (Section-by-Section Analysis)
In both the NPRM and the final rule, § 35.137(a) states the general rule that in any areas open to pedestrians, public entities shall permit individuals with mobility disabilities to use...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-1.1000 General
Subtitle A is intended to protect qualified individuals with disabilities from discrimination on the basis of disability in the services, programs, or activities of all State and local governments...
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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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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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Products and Additional Resources > Products
Delta Two Handle Widespread Lavatory Faucet 3579LF-WFHDF
Product Features and Benefits
WaterSense certification promotes water conservation
Includes finished grid strainer
Meets standards set by Americans with Disabilities Act...
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Products and Additional Resources > Products
Delta Commercial Centerset Blade Faucet 2529LF-LGHDF
Product Features and Benefits
WaterSense certification promotes water conservation
Drain assembly sold separately
Meets standards set by Americans with Disabilities Act...
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Products and Additional Resources > Products
Midmark Ritter 222 Barrier-Free® Power Examination Table
Designed to lower to just 18-inches in height, the Ritter 222 Barrier-Free® Power Exam Table makes it easier for your practice to accommodate the elderly, expectant mothers or patients with disabilities...
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Products and Additional Resources > Products
American Standard AccessPRO Toilet
Allows up to 3-1/2" (89mm) of lateral adjustment of toilet to the right (bowl 3517AG.100RS) or left (bowl 3517AG.100LS)
Helps conform to needs of Americans with Disabilities Act (ADA),...