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 > 24 CFR Part 8 Nondiscrimination on the Basis of Disability in Federally Assisted Programs and Activities - Notice: Instructions for use of alternative accessibility standard
VI. Relationship to Other Laws
Compliance with one of these statutes does not ensure compliance with other Federal disability nondiscrimination laws....
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Federal Documents > Technical Assistance > ADA Guide for Small Towns
6. Processes for Complying with the ADA
It may also suggest short-term and long-term strategies to provide access to people 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 (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
Section 35.161 Telecommunications. (Section-by-Section Analysis)
Often individuals with disabilities, including persons who are deaf or hard of hearing, are unable to use such automated systems....
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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)
Hold and release of unsold accessible seating. (Section-by-Section Analysis)
The Department recognizes that not all accessible seating will be sold in all assembly areas for every event to individuals with disabilities who need such seating and that public accommodations...
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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)
Hold-and-release of unsold accessible seating. (Section-by-Section Analysis)
The Department recognizes that not all accessible seating will be sold in all assembly areas for every event to individuals with disabilities who need such seating and that public entities...
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Additional Access Publications > Employers' Guide to Including Employees with Disabilities in Emergency Evacuation Plans
RESOURCES
Act (ADA), and the employability of people with disabilities....
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Rulemaking Process Documents > Committee Activity and Reports > Recommendations on Standards for the Design of Medical Diagnostic Equipment for Adults with Disabilities, Advisory Committee Final Report
1.4 Overview of Report
However, as is clear throughout the report, with some important exceptions, current equipment designs rarely accommodate fully persons with disabilities....
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Federal Documents > Regulations > Department of Defense Memorandum: Adoption of the ABA and Section 504 of the Rehabilitation Act
1. GENERAL
describes the manner in which facilities designed, constructed (including additions), altered, leased, or funded by the Department of Defense (DoD) are to be made accessible to people 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)
Categorization of wheelchair versus other power-driven mobility devices. (Section-by-Section Analysis)
They were of the view that the mobility-device classification should be based on its function—whether it is used to address a mobility disability....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
2. General Framework of Assessment
Public data on federal workers with disabilities was obtained from the Office of Personnel Management....
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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(d)
(d) As a carrier, if you wish to use a different method of providing seating assignment accommodations to passengers with disabilities from those specified in this subpart, you must obtain...
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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(e)
(e) You must retain correspondence and record of action taken on all disability-related complaints for three years after receipt of the complaint or creation of the record of action taken...
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Federal Documents > Technical Assistance > Questions and Answers: The ADA and Persons with HIV/AIDS
What employers are covered by the ADA?
In addition, the ADA prohibits all public entities, regardless of the size of their work force, from discriminating in employment against qualified individuals with disabilities....
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
IS ASSISTANCE REQUIRED?
Once notified, people with a speech disability can read and follow standard exit and directional signs and use any standard means of egress from the building....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)
Need for Rulemaking
Need for Rulemaking
This section discusses the Congressional findings in the Americans with Disabilities Act that establish the need for accessibility guidelines, the Access Board’s current...
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Additional Access Publications > Health Access for Independent Living (HAIL) Fact Sheet: Working with Your Health Care Provider
What Are Your Barriers to Health Care?
Health care is a complex issue for many Americans, especially for people with disabilities. Here are some common obstacles to a satisfying health care visit....
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
ADA Compliance Process by Evan Terry Associates
Evan Terry Associates, P.C. concentrates a significant portion of its resources to the study and application of the facilities and program access requirements of the Americans with Disabilities...
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Legal Documents > WILLITS, et al v. CITY OF LOS ANGELES - Settlement Agreement and Release of Claims
F. Class Counsel
"Class Counsel" means collectively the law firm of Schneider Wallace Cottrell Konecky Wotkyns, LLP, the law firm of Goldstein Borgen Dardarian & Ho, the Disability Rights Legal Center...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
Sec. 12189. Examinations and courses. [Section 309]
certification, or credentialing for secondary or postsecondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to persons with disabilities...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12204(b) Contents of guidelines
chapter, 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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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.36.204 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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Additional Access Publications > Evan Terry Associates Barrier Management Systems
Evan Terry Associates Barrier Management Systems
Systems
Evan Terry Associates, LLC concentrates a significant portion of its resources to the study and application of the facilities and program access requirements of the Americans with Disabilities...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
ACCESSIBLE ELEMENT
An ACCESSIBLE ELEMENT can include a room, area, route, feature or device which provides accessibility for persons 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 (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
§ 35.135 Personal devices and services.
This part does not require a public entity to provide to individuals with disabilities personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses...