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.
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.73(d)
(d) Each public entity purchasing or leasing used vehicles that are not readily accessible to and usable by individuals with disabilities shall retain documentation of the specific good...
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.83(c)
(c) For purposes of this section, it shall be considered feasible to remanufacture a rapid or light rail vehicle so as to be readily accessible to and usable by individuals with disabilities...
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.197(b)
accessible OTRB, OTRBs acquired through the actions listed in paragraph (a) of this section shall, to the maximum extent feasible, be readily accessible to and usable by individuals with disabilities...
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.197(c)
(c) For purposes of this section, it shall be considered feasible to remanufacture an OTRB so as to be readily accessible to and usable by individuals with disabilities, including individuals...
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Lift
Devices used by individuals with disabilities that do not fit this envelope (e.g., may "gurneys'') do not have to be carried....
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.7(b)(4)
private entity or manufacturer shall consult, in person, in writing, or by other appropriate means, with representatives of national and local organizations representing people with those disabilities...
-
State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
EQUIVALENT FACILITATION
Note: In determining equivalent facilitation, consideration shall be given to means that provide for the maximum independence of persons with disabilities while presenting the least risk...
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.79 Purchase or lease of new rail vehicles by public entities operating rapid or light rail systems
after August 25, 1990, to purchase or lease a new rapid or light rail vehicle for use on the system shall ensure that the vehicle is readily accessible to and usable by individuals with disabilities...
-
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...
-
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...
-
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....
-
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...
-
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...
-
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....
-
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...
-
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....
-
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 (...
-
Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description Final Rule
3. Voluntary Compliance
However, individuals with hearing and vision disabilities and other commenters noted that despite the fact that captioning and audio description have been available for more than a decade...
-
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)
Rulemaking History
Rulemaking History
The Access Board began developing accessibility guidelines for pedestrian facilities in the public right-of-way shortly after the Americans with Disabilities Act was...
-
Legal Documents > VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE TOWN OF LEWISBORO, NEW YORK
A. SCOPE OF THE INVESTIGATION
WHEREAS, this matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, with the United States Department...
-
Legal Documents > Colorado Cross-Disability Coalition, et al. Plaintiffs, v. Abercrombie & Fitch Co., et al., Defendants. - Statement of Interest on the Parties' Motions for Summary Judgment
A. Overview Of The Relevant Statutory And Regulatory Provisions
In 1990, Congress enacted the ADA “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” 42 U.S.C. § 12101(b...
-
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)
§382.61(d)
aircraft equipped with movable aisle armrests, you must configure cabins, or establish administrative systems, to ensure that passengers with mobility impairments or other passengers with a disability...
-
Federal Documents > Regulations > 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through Aug. 2015)
§27.11(a)(1)
(1) If the responsible Departmental official finds that a qualified person with a disability has been excluded from participation in, denied the benefits of, or otherwise subjected to discrimination...
-
Additional Access Publications > ADA Compliance Process by Evan Terry Associates
NEW CONSTRUCTION {35.151}
of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities...