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 > 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)
Accessible golf cars (Section-by-Section Analysis)
These comments came from individuals, disability advocacy and recreation groups, a manufacturer of accessible golf cars, and representatives of local government....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1. Federal Laws and Regulations
obligation under the ADA to consider whether there is a reasonable accommodation, consistent with the standards of other Federal laws, that will prevent exclusion of qualified individuals with disabilities...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
2. The specific risk must be identified
The specific risk must be identified
If an individual has a disability, the employer must identify the aspect of the disability that would pose a direct threat, considering the following...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
A. ADA Basics for Emergency Management
Red Cross, private nonprofit organizations, and religious entities.2 Under Title II of the ADA, emergency programs, services, activities, and facilities must be accessible to people with disabilities...
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Federal Documents > Technical Assistance > Questions and Answers: Transportation Services for Individuals with Disabilities
Question: What are the obligations of a public entity receiving federal financial assistance that owns and controls track through a station?
existing freight operations, the railroad providing passenger service, and other responsible parties, can either provide level boarding or ensure nondiscriminatory service to persons with disabilities...
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
222.1 General
Regardless of the type of facility, dressing, fitting, and locker rooms should provide people with disabilities rooms that are equally private and convenient to those provided others....
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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)
Section 36.303 Auxiliary Aids and Services (Section-by-Section Analysis)
Auxiliary Aids and Services
Section 36.303(a) of the 1991 title III regulation requires a public accommodation to take such steps as may be necessary to ensure that no individual with 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)
Executive Order 12866
The ADA states, ‘‘[i]t is the purpose of this [Act] (1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;...
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Additional Access Publications > Accessible Health Care Briefs: CHOOSING AND NEGOTIATING AN ACCESSIBLE FACILITY LOCATION
3. a. Access Guidance Documents
., Americans with Disabilities Act Compliance Guide for Organizations,1995, (Hardcover)
Informal presentation on ADA compliance with chapters on: program access and nondiscrimination...
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Additional Access Publications > A Guide to Planning Accessible Meetings
Introduction
The Mid-Atlantic ADA Center and TransCen, Inc. sponsored this update and publication in recognition of the 25th anniversary of the transformational Americans with Disabilities Act (ADA)...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND LEARNING CARE GROUP, INC., UNDER TITLE III OF THE ADA
Title III of the ADA
Ensuring that childcare providers do not discriminate on the basis of disability is an issue of general public importance. ...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE VILLAGE OF RUIDOSO, NEW MEXICO DJ # 205-49-24
Reporting
following:
(a) Any lawsuit, written complaint, charge, or grievance alleging that the Village conducted an unlawful inquiry as to whether an applicant is an individual with a disability...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF THE ISLE OF PALMS, SOUTH CAROLINA DJ 205-67-11
Reporting
following:
(a) Any lawsuit, written complaint, charge, or grievance alleging that the City conducted an unlawful inquiry as to whether an applicant is an individual with a disability...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF VERO BEACH, FLORIDA DJ 205-18-16
Reporting
following:
(a) Any lawsuit, written complaint, charge, or grievance alleging that the City conducted an unlawful inquiry as to whether an applicant is an individual with a disability...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PAROWAN, UTAH DJ # 205-77-1
Reporting
following:
(a) Any lawsuit, written complaint, charge, or grievance alleging that the City conducted an unlawful inquiry as to whether an applicant is an individual with a disability...
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Federal Documents > Technical Assistance > 24 CFR Part 8 Nondiscrimination on the Basis of Disability in Federally Assisted Programs and Activities - Notice: Instructions for use of alternative accessibility standard
A. Section 504
Section 504 and HUD’s Section 504 regulation prohibit discrimination on the basis of disability in any program or activity that receives Federal financial assistance from the Department.3...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND BLAIR COUNTY, PENNSYLVANIA
BACKGROUND
The United States Department of Justice (the “Department”) opened an investigation of Blair County, Pennsylvania (the “County”) under title II of the Americans with Disabilities Act...
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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)
How do I know it’s a service animal and not a pet?
Generally, a service animal is individually trained to perform functions to assist the passenger who is a qualified individual with a disability....
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Federal Documents > Technical Assistance > Ensuring Language Access and Effective Communication During Response and Recovery: A Checklist for Emergency Responders
ENSURING LANGUAGE ACCESS AND EFFECTIVE COMMUNICATION DURING RESPONSE AND RECOVERY: A CHECKLIST FOR EMERGENCY RESPONDERS
Survivors may include individuals with access and functional needs, such as persons with limited English proficiency (LEP) and persons with disabilities....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12101(a)(4)
unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability...
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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)
§382.111(e)
To receive such assistance, the passenger must self-identify as being an individual with a disability needing the assistance....
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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(f)(2)
(2) As either carrier in a codeshare relationship, you must forward to your codeshare partner disability-related complaints you receive from or on behalf of passengers with respect to difficulties...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12204(b) Contents of Guidelines
Act, to ensure that buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with disabilities...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
ACCESSIBILITY
combination of various elements in a building, facility, site, or area, or portion thereof which allows access, circulation and the full use of the building and facilities by persons with disabilities...