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 > 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...
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Webinars, Videos, and Training > Spirit of the ADA
"Lead On" - Americans with Disabilities Act 23 years later
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
A. Advance Notice
You cannot require passengers with disabilities to provide advance notice of their intention to travel or of their disability except as provided below. [Sec. 382.33(a)]...
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Federal Documents > Regulations > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§1630.1(c)(4) Broad coverage
The primary purpose of the ADAAA is to make it easier for people with disabilities to obtain protection under the ADA....
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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 July 2003)
§ 382.55 Miscellaneous provisions
(a) Carriers shall permit dogs and other service animals used by persons with a disability to accompany the persons on a flight....
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Chapter 4: Creating a Workable ADA: The Senate and the White House
Bush’s strong statements in support of the disability community, and particularly civil rights legislation for people with disabilities, had swayed many disabled voters, including many Democrats...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.5(g)
(g) An entity shall not refuse to serve an individual with a disability or require anything contrary to this part because its insurance company conditions coverage or rates on the absence...
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Webinars, Videos, and Training > Spirit of the ADA
Disability Etiquette 101 Video
Disability Etiquette 101: This video, produced by Rachel Roff, answers many common questions about interacting with persons with disabilities....
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Federal Documents > Technical Assistance > ADA Update - A Primer for Small Business
New Customers
New Customers
More than 50 million Americans—18% of our population—have disabilities, and each is a potential customer....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12112(a) General Rule
--No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring,...
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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)
§ 35.152(b)(1)
(1) Public entities shall ensure that qualified inmates or detainees with disabilities shall not, because a facility is inaccessible to or unusable by individuals with disabilities, be excluded...
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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)(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...
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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...
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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....
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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...
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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....
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Webinars, Videos, and Training > Spirit of the ADA
Let’s change the way we think about disability | Joel Dembe | TEDxMississauga
A 4-time Canadian National Wheelchair Tennis Champion and Paralympian discusses his journey living with a disability....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
III.THE REASONABLE ACCOMMODATION OBLIGATION
III.THE REASONABLE ACCOMMODATION OBLIGATION
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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...
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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...
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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...