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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Rulemaking Process Documents > NPRMS > 36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
M304 Diagnostic Equipment Used by Patients in Standing Position
M304.2 and M304.3 would require a slip resistant standing surface and standing supports to accommodate patients with mobility disabilities who ambulate, patients who have limited stamina...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
B. Patient Protection and Affordable Care Act and Section 510 of the Rehabilitation Act
L. 111‒148, 124 Stat. 570) amended Title V of the Rehabilitation Act, which establishes rights and protections for individuals with disabilities, by adding Section 510....
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Additional Access Publications > Employers' Guide to Including Employees with Disabilities in Emergency Evacuation Plans
RESOURCES
Act (ADA), and the employability of people with disabilities....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
502.2.1 User Control of Accessibility Features (Section-by-Section Analysis)
This provision would be new to the 508 Standards and 255 Guidelines, though it draws on the prohibition in § 1194.21(b) of the existing 508 Standards against disrupting or disabling accessibility...
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Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
Section 1193.1 Purpose (Section-by-Section Analysis)
of telecommunications equipment or customer premises equipment shall ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities...
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Federal Documents > Preamble to Guidelines > 36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)
Aisle Seats
These seats are intended to provide access for people with disabilities who do not need or prefer wheelchair spaces.
Comment....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Health or Safety Defense
Like any qualification standard, this requirement must apply to all applicants and employees, not just to people with disabilities....
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Federal Documents > Preamble to Guidelines > 36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)
Revolving Doors or Turnstiles
While automated revolving doors, if large enough, may be usable by people with disabilities, certain questions remain about the appropriate maximum speed, minimum diameter, compartment size...
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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)
382.53 What information must carriers give individuals with a vision or hearing impairment at airports?
, the basic point of this section is that at each gate, ticketing area, and customer service desk that a carrier owns, leases, or controls, a carrier must ensure that passengers with a disability...
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
5. Funding for Access Improvements
The Capital Plan for Fiscal Years 2012 to 2021 allocates a total of $177 million in fully-funded capital spending over the 10-year period to disability access improvements, which includes...
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
Is There a Usable Circulation Path?
A circulation path is considered a usable circulation path if it meets one of the following criteria:
A person with disabilities is able to travel unassisted through it to a public...
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Physical or mental impairments
.; see also OCR, Protecting Students with Disabilities: Frequently Asked Questions About Section 504 and the Education of Children with Disabilities (FAQ 12) (last modified Oct. 16, 2015...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Subtitle A: State and Local Government Activities
Title II requires that state and local governments give people with disabilities an equal opportunity to benefit from their programs, services, and activities, for example public education...
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Federal Documents > Preamble to Guidelines > 24 CFR Part 100—Fair Housing Accessibility Guidelines, Preamble
Design Guidelines for Environmental Illness
Twenty-three (23) commenters advised the Department that many individuals are disabled because of severe allergic reactions to certain chemicals used in construction, and in construction...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Emergency Services
However, public entities that provide direct access to emergency services such as police, fire and ambulance, which often includes 911, must provide direct access for people with disabilities...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12183(a)(2)
thereof, a failure to make alterations in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by 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)
Responsibility for supervision and care of a service animal. (Section-by-Section Analysis)
The Department notes that there are occasions when a person with a disability is confined to bed in a hospital for a period of time....
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§35.150(b)(1)
of accessible rolling stock or other conveyances, or any other methods that result in making its services, programs, or activities readily accessible to and usable by individuals with disabilities...
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
1. PURPOSE.
This document sets guidelines for accessibility to places of public accommodation and commercial facilities by individuals with disabilities....
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Additional Access Publications > Using a Fitness Center Does Not Have to be an Exercise in Frustration: Tips for People with Mobility and Visual Disabilities
3.4 Staff-Related Barriers and Solutions
leave exercise equipment or other stuff on the floor
Assign staff to keep the floor areas clear of tripping hazards
Staff is unaware of the needs of people with visual 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)
V. Request for Public Comments
Request for Public Comments
The Department seeks input from the public and from those in the disability community, representatives of Federal, State, or local governments, public safety...
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-4.2200 Specialties
It is not considered discriminatory for a public accommodation with a specialty in a particular area to refer an individual with a disability to a different public accommodation if --...
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Fair Labor Standards Act Section 14(c)
Department of Labor’s Wage and Hour Division, to pay subminimum wages to workers who have disabilities for the work being performed....
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Title II Highlights (revised in 2008)
VII. New Construction and Alterations
Public entities must ensure that newly constructed buildings and facilities are free of architectural and communication barriers that restrict access or use by individuals with disabilities...