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 > ADA Guide for Small Towns
Part One: The ADA’s Requirements for Small Towns
It prohibits discrimination on the basis of disability in all services, programs, and activities provided by towns 1....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Timely and Complete Access to Information
Timely and Complete Access to Information
Carriers must ensure that, upon request, passengers with a disability, including those who are (i) blind or visually impaired; or (ii) deaf,...
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Federal Documents > Preamble to Guidelines > 36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines) - Preamble
T207 Circulation Paths
The Access Board received several comments from disability rights organizations and individuals with disabilities in support of this clarifying language, and no commenters expressed disagreement...
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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)
ii. Accessible scales
Scales should be accessible to individuals who use wheelchairs or have other mobility disabilities that would impede the use of step-on scales....
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Legal Documents > VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE TOWN OF LEWISBORO, NEW YORK
II. REMEDIAL ACTION
scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities...
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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
ACTIONS TAKEN BY CITY OF WAUKEGAN
In its continued efforts to provide services to persons with disabilities, the City of Waukegan renovated its City Hall in 1981....
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Title II Highlights (revised in 2008)
VI. Communications
State and local governments must ensure effective communication with individuals with disabilities....
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Federal Documents > Preamble to 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 - Preamble
A. Executive Order 12866 (Regulatory Planning and Review), Executive Order 13563 (Improving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures
This rule promotes such values by requiring the removal of barriers to equal access to air transportation information and services for passengers with disabilities....
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
Section 36.103 Relationship to Other Laws (Preamble, Section-by-Section Analysis)
For example, assume that a person with a physical disability seeks damages under a State law that allows compensatory and punitive damages for discrimination on the basis of physical disability...
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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
7.4 Legal and Regulatory Considerations
7.4 Legal and Regulatory Considerations
The Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 require that covered medical care providers ensure that medical...
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Research and History > Research Documents > Independent Wheelchair Transfers in the Built Environment: How Transfer Setup Impacts Performance Phase 2: Final Report
References
Americans with disabilities. Household Economic Studies, 70-107. 2006.
Brault MW. Americans with disabilities. Household Economic Studies, 70-131. 2012....
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Companions
The ADA refers to such people as “companions” and requires public entities to provide effective communication for companions who have disabilities
Effective communication with companions...
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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)
§35.103 Relationship to other laws (Section-by-Section Analysis)
For example, a person with a physical disability could seek damages under a State law that allows compensatory and punitive damages for discrimination on the basis of physical disability...
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Additional Access Publications > Emergency Evacuation Preparedness: Taking Responsibility For Your Safety A Guide For People with Disabilities and Other Activity Limitations
GUIDE AT A GLANCE
Why it is important to focus on evacuation issues for people with disabilities and activity limitations....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND FAUQUIER COUNTY REGARDING THE ACCESSIBILITY OF POLLING PLACES
A. Accessible Voting Program
Fauquier County shall not exclude individuals with disabilities from participation in or deny them the benefits of the voting program, or subject them to discrimination, on the basis...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
The ADA and the House Committees: Three Phases
First, most of its Democratic members supported disability rights....
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Additional Access Publications > A Guide to Planning Accessible Meetings
Must Gluten-free Be Free? What You Should Know About Celiac Disease and the ADA
This raises a few important topics of note for those with celiac disease – whether celiac disease is a “disability” that requires accommodation under the American with Disabilities Act (...
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Federal Documents > Technical Assistance > ADA Information Services
Other Laws of Interest
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OTHER LAWS OF INTEREST
Other federal laws prohibit discrimination and provide equal opportunity for people with disabilities...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
B. Speaking, Listening, Reading, and Writing: When Auxiliary Aids and Services Must be Provided
When these communications involve a person with a disability, an auxiliary aid or service may be required for communication to be effective....
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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)
§382.35(b)
(b) You must not require passengers with a disability to sign waivers of liability for damage to or loss of wheelchairs or other assistive devices, or for the loss of, death of, or injury...
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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)
§382.123(a)(3)
(3) You must ensure that a passenger with a disability who does not take advantage of the opportunity to preboard is able to use the area to stow his or her wheelchair or other assistive...
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State and Local Documents > State Technical Assistance > Electric Vehicle Charging Stations, Accessibility: FAQs
Can you upgrade/expand an existing location without adhering to ADA standards?
To the extent that EVCS are a public accommodation or commercial facility they are covered by the federal law of the Americans with Disabilities Act....
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Federal Documents > Technical Assistance > Accessible Stadiums
At least one percent of all fixed seats in all seating areas must be aisle seats with no armrest, or with a removable or folding armrest
These seats accommodate people who have a mobility disability but who wish to use a seat that is not a wheelchair seating location....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12182(b)(2)(A)(ii)
modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities...