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 > 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....
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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...
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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....
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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...
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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...
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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...
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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...
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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...
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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...
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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)
Disability (Section-By-Section Analysis and Response to Comments)
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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?
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Webinars, Videos, and Training > Spirit of the ADA
Jennifer Keelan, 08 of 12: "Climbing the Capitol Steps for ADA"
Jennifer Keelan of Denver, CO talks about growing up as a person with a disability in the era of the ADA, as well as her activism as young child fighting for the ADA....
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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...
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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)
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...
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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...
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Webinars, Videos, and Training > Spirit of the ADA
The Truth About Growing Up Disabled | Dylan Alcott | TEDxYouth@Sydney
He grew up disabled, but it might not be what you think. In this engaging and funny talk, Dylan tells us what it's really like growing up with a disability....
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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...
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Federal Documents > Technical Assistance > Creating Equal Opportunities for Children and Youth with Disabilities to Participate in Physical Education and Extracurricular Activities
FEDERAL LAWS
IDEA defines a child with a disability as a child having one of the disabilities specified in section 602(3) of the IDEA who, by reason of the disability, needs special education and related...
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Scenario 5 – Timeframes for Evaluation
However, under the IDEA (another Federal law that protects students with disabilities and of which schools should be aware), an initial evaluation must be conducted within 60 days of receiving...
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Webinars, Videos, and Training > Spirit of the ADA
When we design for disability, we all benefit | Elise Roy | TED Talks
As a disability rights lawyer and design thinker, she knows that being Deaf gives her a unique way of experiencing and reframing the world -- a perspective that could solve some of our largest...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.5(b)
(b) Notwithstanding the provision of any special transportation service to individuals with disabilities, an entity shall not, on the basis of disability, deny to any individual with a disability...
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Scenario 2 – Suspected Disability & Involvement of Knowledgeable People
If the evaluation, which must be conducted at no cost to the parents or student, shows that the student has a disability, then the knowledgeable group (that is, people who are knowledgeable...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICAN AND THE CITY OF WAUKEGAN, ILLINOIS UNDER THE AMERICANS WITH DISABILITIES ACT
EMPLOYMENT
Equal Employment Opportunity Commission implementing title I of the Americans with Disabilities Act of 1990, codified at 29 C.F.R. Part 1630. ...
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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)
§35.130(b)(2) (Section-by-Section Analysis)
Paragraph (e), which is derived from section 501(d) of the Americans with Disabilities Act, states that nothing in this part shall be construed to require an individual with a disability...