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.
-
Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
No Advance Seat Assignments
No Advance Seat Assignments
If a carrier does not provide advance seat assignments, you must allow passengers who identify themselves as passengers with a disability in need of a seating...
-
Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Recently, I broke my leg and I’ll be in a cast and walking with crutches for several weeks. Am I covered by the ACAA?
Since your temporary impairment limits the major life activity of walking, you are considered a qualified individual with a disability....
-
Webinars, Videos, and Training > Spirit of the ADA
Learning Disability in Higher Education... | Lexie Garrity | TEDxVanderbiltUniversity
In order to strive for this valuable relationship, we must adjust to the diverse population of students in higher education, particularly those with learning disabilities....
-
Federal Documents > Technical Assistance > Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act
5. Q: My insurance company says it will raise our rates if we accept children with disabilities. Do I still have to admit them into my program?
Q: My insurance company says it will raise our rates if we accept children with disabilities. Do I still have to admit them into my program?
A: Yes....
-
Federal Documents > Technical Assistance > Employer-Provided Leave and the Americans with Disabilities Act
Communication During Leave and Prior to Return to Work
Example 9: An employee with a disability is granted three months of leave by an employer. Near the end of the three month leave, the employee requests an additional 30 days of leave....
-
Federal Documents > Technical Assistance > DOJ/DOE Joint Publication: Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools
Individuals with Disabilities Education Act (IDEA) and Communication Needs
Individuals with Disabilities Education Act (IDEA) and Communication Needs
Under Part B, evaluations of all children suspected of having a disability are subject to the IDEA evaluation...
-
Webinars, Videos, and Training > Spirit of the ADA
Disability Rights Advocates 2017 Gala Video
-
Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
Sections 35.108(d)(1)(ix) and 36.105(d)(1)(ix)—Impairment That Lasts Less Than Six Months Can Still Be a Disability Under First Two Prongs of the Definition
Sections 35.108(d)(1)(ix) and 36.105(d)(1)(ix)—Impairment That Lasts Less Than Six Months Can Still Be a Disability Under First Two Prongs of the Definition
In §§ 35.108(d)(1)(ix) and...
-
Federal Documents > Technical Assistance > Examples and Resources to Support Criminal Justice Entities in Compliance with Title II of the ADA
Administer services, programs, and activities in integrated setting
Administer services, programs, and activities, including disability services, in the most integrated setting appropriate to the needs of qualified individuals with disabilities....
-
Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
Employees
Employees
The ADA strictly limits the circumstances under which an employer may ask questions about an employee's medical condition or require the employee to have a medical...
-
Federal Documents > Technical Assistance > Expanding Your Market: Accessibility Benefits Older Adult Customers
Websites
• Websites designed to be visually accessible with text written clearly and simply, including only relevant images and explicit navigational instructions, make interested but...
-
Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
I’m a paraplegic and travel with my personal manual wheelchair. May airlines require me to travel with an attendant?
QUESTION: I’m a paraplegic and travel with my personal manual wheelchair. May airlines require me to travel with an attendant?
ANSWER: Airlines may not require a passenger with a...
-
Webinars, Videos, and Training > Spirit of the ADA
Disability Advocacy: Reaching for an Accessible Future | Jessica Benham | TEDxUniversityofPittsburgh
Tomorrow, anyone could be disabled, reminds Jess Benham, a disabled activist academic, in this talk....
-
Products and Additional Resources > Disability Etiquette > Real-Time Communication Etiquette for Communicating with Customers with Disabilities
Vision Impairments
Vision Impairments
People with vision impairments may use alternative equipment, such as screen reading software and screen magnification software, to access their computers. When...
-
Webinars, Videos, and Training > Spirit of the ADA
People with disabilities are athletes too | David Kyle | TEDxHuntsville
David Kyle explains in his talk about his journey from discovering his disabilities and being depressed to a life full of challenges, mobility and opportunity for success as an athlete....
-
Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
36. Must an employer provide a reasonable accommodation for an employee with a disability who violated a conduct rule that is job- related for the position in question and consistent with business necessity?
An employer must make reasonable accommodation to enable an otherwise qualified employee with a disability to meet such a conduct standard in the future, barring undue hardship, except where...
-
Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
D. Recording, Categorizing, and Reporting Written Disability-related Complaints Received by Carriers
U.S. carriers and foreign carriers1 operating to, from, and in the United States using at least one aircraft with more than 60 passenger seats must record, categorize, and report written disability-related...
-
Webinars, Videos, and Training > Spirit of the ADA
JUST ASK | Sensory Disability Awareness Film
Requires the Registered User plan or above.
Login!
-
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)
Disability (Section-By-Section Analysis and Response to Comments)
-
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)
Are there any situations in which an animal would not be permitted to accompany its user on the flight?
As indicated above, airlines may not charge passengers with disabilities for services required by Part 382, including transporting their oversized service animals in the cargo compartment...
-
Federal Documents > Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through May 2016)
§382.157 What are carriers' obligations for recordkeeping and reporting on disability-related complaints?
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
A Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act
A TECHNICAL ASSISTANCE MANUAL ON THE EMPLOYMENT PROVISIONS (TITLE I) OF THE AMERICANS WITH DISABILITIES ACT
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
January 1992 EEOC-M-1A...
-
Additional Access Publications > Emergency Evacuation Preparedness: Taking Responsibility For Your Safety A Guide For People with Disabilities and Other Activity Limitations
Will you need assistance in an emergency evacuation?
Do you experience any of the following conditions that could interfere with your ability to quickly evacuate a building?
Yes
No
Limitations that...
-
State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDED IN 2008
Editor's Note:
Following is the current text of the Americans with Disabilities Act of 1990 (ADA), including changes made...