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 > Title II Technical Assistance Manual
II-8.2000 Self-evaluation
Where equipment is used as part of a public entity's program, activity, or service, an assessment should be made to ensure that the equipment is usable by individuals with disabilities,...
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State and Local Documents > Guidelines > Guidelines for Environmental Infection Control in Health-Care Facilities (excerpts related to service animals only)
3. Service Animals
an animal trained to provide assistance to a person because of a disability....
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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)
Whether the definition of "wheelchair'' includes the Segway® PT. (Section-by-Section Analysis)
The fact that the Segway® PT is not designed primarily for use by individuals with disabilities, nor used primarily by persons with disabilities, complicates the question of to what extent...
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Additional Access Publications > Evan Terry Associates Barrier Management Systems
ADA Compliance Motivators & Strategies
One hospital decided that they were spending too much money on workmen's compensation and disability benefits....
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Corada Voices > Professional Interpretations or Opinions
Safe Harbor is applied element by element in existing facilities
By: James Terry
From my conversations with technical assistance staff at the US Access Board and the Department of Justice's Disability Rights Section, examples of "elements" in their opinion, would include...
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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)
§382.55(b)(2)
(2) You must not subject a passenger with a disability to special screening procedures because the person is traveling with a mobility aid or other assistive device if the person using the...
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Federal Documents > Technical Assistance > ADA/Section 504 Design Guide - Accessible Cells in Correction Facilities
Note
See the notes for features specifically designed to minimize suicide risk, while providing accessibility for inmates with mobility disabilities....
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Federal Documents > Technical Assistance > ADA/Section 504 Design Guide - Accessible Cells in Correction Facilities
Security
In fact, having accessible cells increases security because they allow inmates with mobility disabilities to function independently, minimizing the need for assistance from guards....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
5. Television, Videos, Telephones, and Title II of the ADA
communication requirement also covers public television programs, videos produced by a public entity, and telephone communications.10 These communications must be accessible to people with disabilities...
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Federal Documents > Technical Assistance > QUESTIONS AND ANSWERS: THE AMERICANS WITH DISABILITIES ACT AND HIRING POLICE OFFICERS
13. Q: Can police departments still use polygraph tests at the application stage or do we have to wait until a conditional job offer has been made?
However, employers must exercise care not to ask any prohibited disability-related inquiries in administering the pre-offer polygraph exam....
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
OCCUPANT NOTIFICATION SYSTEMS
People with a speech disability can hear standard alarms and voice announcements and can see visual indicators that warn of danger and the need to evacuate....
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
(7) the City's written complaint policies
(7) the City's written complaint policies and forms that make no requirement that disability access barriers be removed within any particular time period, but instead permit the City to...
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Additional Access Publications > Health Access for Independent Living (HAIL) Fact Sheet: Working with Your Health Care Provider
How Can You Overcome These Barriers to Work with Your Providers?
There are many things that a person with a disability can do to improve his or her quality of health care and break down the barriers that compromise care....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12185(a)(2)
(2) the most cost-effective methods for providing access to over-the-road buses and over-the-road bus service to individuals with disabilities, particularly individuals who use wheelchairs...
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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)
§ 36.401(a)(1)
for purposes of this part includes a failure to design and construct facilities for first occupancy after January 26, 1993, that 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)
§ 36.302(e)(1)(i)
(i) Modify its policies, practices, or procedures to ensure that individuals with disabilities can make reservations for accessible guest rooms during the same hours and in the same manner...
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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)
§ 36.204 Administrative methods.
accommodation shall not, directly or through contractual or other arrangements, utilize standards or criteria or methods of administration that have the effect of discriminating on the basis of disability...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
Sec.36.401(a)(1)
for purposes of this part includes a failure to design and construct facilities for first occupancy after January 26, 1993, that are readily accessible to and usable by individuals with disabilities...
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State and Local Documents > Guidelines > Accessibility Guidebook for Outdoor Recreation and Trails
Program Accessibility
Program Accessibility—The principle of providing all people who meet the criteria, including people who have disabilities, the opportunity to participate in a program (an activity in which...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.127(b)
(b) For purposes of this section, a visitor is an individual with disabilities who does not reside in the jurisdiction(s) served by the public entity or other entities with which the public...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description Final Rule
§ 36.303(g)(9)(iv)
(iv) Communicate effectively with individuals with disabilities, including those who are deaf or hard of hearing or who are blind or have low vision, about how to use, operate, and resolve...
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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)
§382.27(a)
(a) Except as provided in paragraph (b) of this section and §382.133(e)(4) and (5) and (f)(5) and (6), as a carrier you must not require a passenger with a disability to provide advance...
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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)
§382.83(a)(2)(i)
(i) You must provide notice that all passengers assigned these seats (other than passengers with a disability listed in §382.81 of this part) are subject to being reassigned to another seat...
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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)
§382.41(d)
(d) Any limitations on the availability of storage facilities, in the cabin or in the cargo bay, for mobility aids or other assistive devices commonly used by passengers with a disability...