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 > Commonly Asked Questions About the Americans with Disabilities Act and Law Enforcement
23. Q: What types of modifications in law enforcement policies, practices, and procedures does the ADA require?
The ADA requires law enforcement agencies to make reasonable modifications in their policies, practices, and procedures that are necessary to ensure accessibility for individuals with disabilities...
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Federal Documents > Technical Assistance > Creating Equal Opportunities for Children and Youth with Disabilities to Participate in Physical Education and Extracurricular Activities
CURRICULUM
The variety of options allows children with disabilities to choose activities of interest which increases their participation (Porretta, 2010)....
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State and Local Documents > Guidelines > Accessibility Guidebook for Outdoor Recreation and Trails
Acknowledgments
Access Board is an independent Federal agency devoted to accessibility for people with disabilities....
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Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture (ANPRM)
A. Medical equipment and furniture
Medical equipment and furniture
Without accessible medical examination tables, dental chairs, radiological diagnostic equipment, scales, and rehabilitation equipment, individuals with disabilities...
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Federal Documents > Technical Assistance > Guide to the ADA Standards
Equivalent Facilitation [§103]
solution is “equivalent” involves considerations as to whether it is just as, if not more, effective in terms of accessibility, usability, convenience, and reliability for people with disabilities...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)
General Substantive Requirements of the New Construction Provisions (Section-By-Section Analysis and Response to Comments)
The phrase "readily accessible to and usable by individuals with disabilities'' is a term that, in slightly varied formulations, has been used in the Architectural Barriers Act of 1968,...
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Legal Documents > VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THOMAS JEFFERSON UNIVERSITY HOSPITALS INC. & OUTPATIENT IMAGING AFFILIATES, LLC. DJ# 202-62-458
B. TERMS OF AGREEMENT
Jefferson Outpatient will ensure that individuals with disabilities are afforded equal access to its facilities and services....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
About This Tool Kit
They did not know how to review programs and policies for compliance with the Americans with Disabilities Act (“ADA”). They asked us to help fill their knowledge gap....
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Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
Specialized Customer Premises Equipment (Section-by-Section Analysis)
disabilities other than deafness who want to communicate with individuals who are deaf may find it difficult or impossible to find specialized customer premises equipment that they can...
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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
8.1 Excluded Populations Needing Future Attention
The numbers of children and youth under age 18 living with disabilities is growing and will continue rising in coming decades....
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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)
Wild animals, monkeys, and other nonhuman primates. (Section-by-Section Analysis)
The organization argued that including capuchin monkeys under the service animal umbrella would make it easier for individuals with disabilities to obtain reasonable modifications of State...
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-7.3110 Work areas
The requirement for work areas is that they be designed so that individuals with disabilities can approach, enter, and exit the areas....
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Products and Additional Resources > Products
Inclusion Solutions BigBell™ Flex Alert System
This portable, wireless, customizable door access system is an affordable alternative to power doors and meets Americans with Disabilities Act (ADA) requirements....
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Webinars, Videos, and Training > Product Demonstration or Information
Focus Forward Films: Seatrac
After an accident left Makis unable to swim, he decided to do something for him and for every disabled person....
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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(f)(6) Ticket transfer
Individuals with disabilities who hold tickets for accessible seating shall be permitted to transfer tickets to third parties under the same terms and conditions and to the same extent as...
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Federal Documents > Technical Assistance > ADA: Know Your Rights - Returning Service Members with Disabilities
An example of a fundamental alteration or change is:
protect the cash box or activate the gas pumps remotely, it would be a fundamental change for the employee to leave his or her post unattended in order to pump gas for a customer with a disability...
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
(8) the City's policies and procedures
(8) the City's policies and procedures regarding new construction and alterations, which do not require a close-out inspection for compliance with federal disability access design standards...
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Federal Documents > Regulations > 14 CFR Parts 382 and 399; 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Air Travel: Accessibility of Web Sites and Automated Kiosks at U.S. Airports
§ 399.80(s)
., by telephone or in the agent's place of business) and indicate they are unable to use the agent's Web site due to a disability....
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
HISTORIC PRESERVATION PROGRAMS {35.150}
HISTORIC PRESERVATION PROGRAMS {35.150}
Priority shall be given to methods that provide physical access to individuals with disabilities
When alterations would threaten...
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
ACCESSIBILITY STANDARDS {35.151}
ACCESSIBILITY STANDARDS {35.151}
Public entities may choose either:
Uniform Federal Accessibility Standards (UFAS) or
Americans with Disabilities Act Accessibility...
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Legal Documents > United States of America v. HRB Tax Group, Inc., H&R Block Tax Services LLC and HRB Advance LLC - Settlement Agreement
United States of America v. HRB Tax Group, Inc., H&R Block Tax Services LLC and HRB Advance LLC - Settlement Agreement
H&R BLOCK TAX SERVICES LLC
AND
HRB ADVANCE LLC
UNDER THE AMERICANS WITH DISABILITIES ACT
DEPARTMENT OF JUSTICE COMPLAINT NUMBER 202-76-97...
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Federal Documents > Technical Assistance > ADA Checklist for New Lodging Facilities
Elevator Scoping
If the facility has more than 2 stories, including any basement levels, is there a full size passenger elevator serving each level of the hotel, including the basement for persons with disabilities...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12143(c)(6) Public participation
this section shall require that each public entity which operates a fixed route system hold a public hearing, provide an opportunity for public comment, and consult with individuals with disabilities...
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
101.1.4
101.1.4 This code is not intended to expand or diminish the defenses available to a place of public accommodation or a commercial facility under the Americans with Disabilities Act and the...