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.
-
Webinars, Videos, and Training > Spirit of the ADA
Don’t tell me I can’t: disability in a modern world | Cheryl Stowe | TEDxFurmanU
After a devastating car crash left her in a wheelchair with an incomplete spinal cord injury, Cheryl Stowe tells how we can grow from our pain and be our own heroes. She even shows...
-
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)(1)(i) (Section-by-Section Analysis)
Paragraph (b)(1)(i) provides that it is discriminatory to deny a person with a disability the right to participate in or benefit from the aid, benefit, or service provided by a public entity...
-
Federal Documents > Technical Assistance > Statement of the Department of Justice on Application of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. to State and Local Governments’ Employment Service Systems for Individuals with Disabilities
6. Do the ADA and Olmstead apply to persons at serious risk of segregation in sheltered workshops?
For instance, factors relevant to whether students with disabilities are at risk of institutionalization include whether a school, as part of the school curriculum, trains students with...
-
Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.16(a) Religious Entities
However, a religious organization may not discriminate against an individual who satisfies the permitted religious criteria because that individual is disabled....
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
When is an Employer Obligated to Make a Reasonable Accommodation?
An employer is obligated to make an accommodation only to the known limitations of an otherwise qualified individual with a disability....
-
Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.152(b)(1)
(1) Public entities shall ensure that qualified inmates or detainees with disabilities shall not, because that facility is inaccessible to or unusable by individuals with disabilities, be...
-
Federal Documents > Technical Assistance > Statement of the Department of Justice on Application of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. to State and Local Governments’ Employment Service Systems for Individuals with Disabilities
5. What factors are relevant in determining whether an individual does not oppose receiving services in an integrated employment setting?
A: People with disabilities in or at risk of entering segregated employment settings must have the opportunity to make an informed decision about whether to work in integrated employment...
-
Federal Documents > Technical Assistance > A Guide for People with Disabilities Seeking Employment
What happens after I make a request for a reasonable accommodation?
If you have a disability that is not obvious, the employer may request documentation from you demonstrating that you have a disability and explaining why you need a reasonable accommodation...
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
III.THE REASONABLE ACCOMMODATION OBLIGATION
III.THE REASONABLE ACCOMMODATION OBLIGATION
-
State and Local Documents > Guidelines > Appendix B to 34 CFR Part 104—Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicap in Vocational Education Programs
E. Employment Opportunities For Handicapped Applicants
Recipients must provide equal employment opportunities for teaching and administrative positions to handicapped applicants who can perform the essential functions of the position in...
-
Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.4(b)(1)(v)
(v) Aid or perpetuate discrimination against a qualified handicapped person by providing significant assistance to an agency, organization, or person that discriminates on the basis...
-
Webinars, Videos, and Training > Spirit of the ADA
At your service. A 20 minute film. Engage customers with disabilities.
The Mid-Atlantic ADA Center has partnered with Storyline Motion Pictures (filmmakers of the critically acclaimed PBS documentary Lives Worth Living, and curators of the Disability Rights...
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Pre-employment Inquiries and Medical Examinations
Pre-employment Inquiries and Medical Examinations
An employer may not ask a job applicant about the existence, nature, or severity of a disability....
-
Webinars, Videos, and Training > Spirit of the ADA
At First Glance | Kurt Hoffman | TEDxVirginiaTech
In his talk, “At First Glance,” he will share his viewpoint on what it's like to be someone with a visible disability....
-
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)
§382.117(a)
(a) As a carrier, you must permit a service animal to accompany a passenger with a disability....
-
Federal Documents > Technical Assistance > Protecting the Rights of Parents and Prospective Parents with Disabilities: Technical Assistance for State and Local Child Welfare Agencies and Courts
3. Who do Title II of the ADA and Section 504 protect in child welfare programs?
Answer: Title II of the ADA and Section 504 protect qualified individuals with disabilities, which can include children, parents, legal guardians, relatives, other caretakers, foster and...
-
Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
34. Does an employer have to allow an employee with a disability to work at home as a reasonable accommodation?
(2)(ii) (1997) (modifications or adjustments to the manner or circumstances under which the position held or desired is customarily performed that enable a qualified individual with a disability...
-
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)(1)(i)
(i) Deny a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefit, or service;...
-
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)
§ 35.130(b)(1)(i)
(i) Deny a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefit, or service;...
-
Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
a. Disability Defined
Disability Defined
The ADA defines disability as a mental or physical impairment that substantially limits one or more major life activities.5 ADA protection extends not only to individuals...
-
Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
8. Are there situations in which an employer cannot ask for documentation in response to a request for reasonable accommodation?
An employer cannot ask for documentation when: (1) both the disability and the need for reasonable accommodation are obvious, or (2) the individual has already provided the employer with...
-
Legal Documents > United States of America, Plaintiff, v. Cinemark USA, Inc., Defendant - Consent Order
1.1 ADA
1.1 "ADA" shall mean and refer to the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq....
-
Webinars, Videos, and Training > Spirit of the ADA
TALK TO ME | Physical Disability Awareness
Requires the Registered User plan or above.
Login!
-
Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
The White House Signing Ceremony
The White House Signing Ceremony
As early as May 1, 1990, President Bush told persons with disabilities that there would be “a proud bill-signing ceremony” for the Americans with Disabilities...