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 > Title I Technical Assistance Manual
Changing Essential Job Functions
The ADA simply requires that an individual with a disability's qualifications for a job are evaluated in relation to its essential functions....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way; Shared Use Paths: Supplemental Notice of Proposed Rulemaking (SNPRM)
Shared Use Path
A multi-use path designed primarily for use by bicyclists and pedestrians, including pedestrians with disabilities, for transportation and recreation purposes....
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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
4.4 Mammography Equipment
Women with mobility disabilities are significantly less likely to undergo mammography screening for breast cancer than are other women, and as disability severity increases the rates of...
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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)
Section 504 of the Rehabilitation Act
Section 504 of the Rehabilitation Act
Section 504 of the Rehabilitation Act (29 U.S.C. 794) (hereinafter referred to as “Section 504”) prohibits discrimination against individuals with disabilities...
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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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Federal Documents > Technical Assistance > ADA/Section 504 Design Guide - Accessible Cells in Correction Facilities
1. Faucets
Faucets: Faucet handles or controls need to be usable with one loosely closed fist, because some people with disabilities can use only one hand and cannot grasp or twist faucets....
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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.36.307(b)
(b) A public accommodation shall order accessible or special goods at the request of an individual with disabilities, if, in the normal course of its operation, it makes special orders on...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12101(a)(9)
(9) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities...
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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)
§382.29(b)(2)
(2) A passenger who, because of a mental disability, is unable to comprehend or respond appropriately to safety instructions from carrier personnel, including the safety briefing required...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
9.3 What Can an Employer Do to Avoid Increased Workers' Compensation Costs and Comply With the ADA?
The ADA allows an employer to take reasonable steps to avoid increased workers' compensation liability while protecting persons with disabilities against exclusion from jobs they can safely...
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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)
§382.87(c)
(c) If a passenger's disability results in involuntary active behavior that would result in the person properly being refused transportation under §382.19, and the passenger could be transported...
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
FUNDAMENTALLY ALTER THE NATURE OF… {35.130}
OF… {35.130}
“A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM (2008 Title III NPRM)
§ 36.302(e)(1)
(1) Modify its policies, practices, or procedures to ensure that individuals with disabilities can make reservations, including reservations made by telephone, in-person, or through a third...