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 > ADA Requirements - Testing Accommodations
Who Is Eligible To Receive Testing Accommodations?
Individuals with disabilities are eligible to receive necessary testing accommodations. ...
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Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
C. Costs and Benefits
adopt the MDE Standards as mandatory for entities regulated under their jurisdiction, the Standards could affect health care providers, medical device manufacturers, and individuals with disabilities...
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Federal Documents > Preamble to Regulations > 28 CFR Part 35, Appendix B: 1991 ADA Title II Regulations Preamble and Section-by-Section Analysis
§35.160 General
General
Section 35.160 requires the public entity to take such steps as may be necessary to ensure that communications with applicants, participants, and members of the public with disabilities...
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State and Local Documents > Regulations > 36 CFR Part 1191 ADA and ABA Accessibility Guidelines for Emergency Transportable Housing Units
Benefits
Benefits
The scoping and technical requirements for emergency transportable housing units with mobility features will directly benefit disaster survivors with mobility disabilities who...
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Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities and Public Accommodations (ANPRM)
A. Statutory and rulemaking history
Bush signed into law the ADA, a comprehensive civil rights law prohibiting discrimination on the basis of disability....
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Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments
Section 37.3 Definitions
While some mobility devices may not look like many persons' traditional idea of a wheelchair, three- and more-wheeled devices, of many varied designs, are used by individuals with disabilities...
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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)
§35.160 General (Section-by-Section Analysis)
Paragraph (b)(1) requires the public entity to furnish appropriate auxiliary aids and services when necessary to afford an individual with a disability an equal opportunity to participate...
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-8.7000 Technical assistance
responsibilities under the Act and requires the Department of Justice, in consultation with other agencies, to provide technical assistance to assist covered entities and individuals with disabilities...
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Legal Documents > Settlement Agreement Between the United States of America, Louisiana Tech University, and the Board of Supervisors for the University of Louisiana System Under the Americans with Disabilities Act
Training
matters (including, but not limited to, the functions of the University’s Office of Disability Services and the functions and identity of the University’s ADA Coordinator, who, among other...
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Federal Documents > Technical Assistance > The Americans with Disabilities Act and Other Federal Laws Protecting the Rights of Voters with Disabilities
PROVIDING ACCESSIBLE POLLING PLACES
The ADA requires that public entities ensure that people with disabilities can access and use their voting facilities. ...
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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)
"Doing work'' or "performing tasks.'' (Section-by-Section Analysis)
requirement first articulated in the 1991 title III regulation that in order to qualify as a service animal, the animal must ‘‘perform tasks'' or ‘‘do work'' for the individual with a disability...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
1. Summary of Results
On the benefits side, the Preliminary RIA monetizes incremental benefits under the proposed 508 Standards attributable to: (a) increased productivity of federal employees with certain disabilities...
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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)
Doing "work'' or "performing tasks.'' (Section-by-Section Analysis)
requirement, first articulated in the 1991 title III regulation, that in order to qualify as a service animal, the animal must ‘‘perform tasks'' or ‘‘do work'' for the individual with a 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)
Web site accessibility. (Section-by-Section Analysis)
commenters expressed disappointment that the NPRM did not require title II entities to make their Web sites, through which they offer programs and services, accessible to individuals with disabilities...
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Number of accessible cells
requires at least 2 percent, but no fewer than one, of the cells in newly constructed detention and correctional facilities to have accessibility features for individuals with mobility disabilities...
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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)
Number of accessible cells. (Section-by-Section Analysis)
requires at least 2 percent, but no fewer than one, of the cells in newly constructed detention and correctional facilities to have accessibility features for individuals with mobility disabilities...
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Additional Access Publications > CASI California Survey Reports Acceptance Criteria - Equivalent Facilitation AC 01 -12
CASI California Survey Reports Acceptance Criteria - Equivalent Facilitation AC 01-12
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109.1.5 Special Conditions for Persons with Disabilities Requiring Appeals Action Ratification....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE BOARD OF ELECTION COMMISSIONERS FOR THE CITY OF CHICAGO, ILLINOIS
BACKGROUND
a compliance review of polling places under the jurisdiction of the Board of Election Commissioners for the City of Chicago, Illinois (the "Board") under Title II of the Americans with Disabilities...
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State and Local Documents > Codes and Standards > 2025 California Standards
11B-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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State and Local Documents > Codes and Standards > 2022 California Standards
11B-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 > Employer-Provided Leave and the Americans with Disabilities Act
Granting Leave as a Reasonable Accommodation
As noted above, requests for leave related to disability can often fall under existing employer policies....
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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 36.208 Direct Threat (Preamble, Section-by-Section Analysis)
Commenters representing individuals with disabilities generally supported this provision, but suggested revisions to further limit its application....
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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)
B. Legal foundation for equipment and furniture coverage
Legal foundation for equipment and furniture coverage
The ADA prohibits discrimination on the basis of disability in all services, programs, and activities offered by public entities...
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Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.2(l) Regarded as Substantially Limited in a Major Life Activity
disabilities are often just as disabling as actual impairments, and [its] corresponding desire to prohibit discrimination founded on such perceptions.” 2008 Senate Statement of Managers...