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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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
Title II Public Entity Facilities Compliance Timetable
7-26-1990 Signing of the Americans with Disabilities Act of 1990 by President George Bush.
2-28-1991 Draft Regulations issued by the Department of Justice for implementing...
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Federal Documents > Preamble to Guidelines > 24 CFR Part 100—Fair Housing Accessibility Guidelines, Preamble
Costs of Adaptation
A few commenters requested clarification on who incurs the cost of making a unit adaptable for a disabled tenant.
Response....
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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
Fire Department Issues
Be aware that some police and fire department personnel are more experienced and knowledgeable regarding disability-related evacuation access issues....
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State and Local Documents > State Technical Assistance > DSA IR 11B-3: DETECTABLE WARNINGS AT CURB RAMPS (with revisions issued through Jan. 2011)
DSA IR 11B-3: DETECTABLE WARNINGS AT CURB RAMPS (with revisions issued through Jan. 2011)
California Government Code, Section 4451(d)
Americans with Disabilities Act Standards for Accessible Design, Section 4.7.7
Discipline: Access Compliance
This Interpretation of Regulations...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND HARRIS COUNTY, TEXAS
F. Complaint Collection and Review Process
, and then adopt, procedures providing for the receipt of and prompt and equitable resolution of complaints alleging that the County’s voting program discriminates against persons with disabilities...
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-3.8000 Direct threat
A public accommodation may exclude an individual with a disability from participation in an activity, if that individual's participation would result in a direct threat to the health or...
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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)
Section 36.307 Accessible or Special Goods (Section-By-Section Analysis and Response to Comments)
not require a public accommodation to alter its inventory to include accessible or special goods with accessibility features that are designed for, or facilitate use by, individuals with disabilities...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
A. Access Board
502 of the Rehabilitation Act (29 U.S.C. 792).1 The Access Board is responsible for developing accessibility guidelines and standards under various laws to ensure that individuals with disabilities...
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Legal Documents > UNITED STATES OF AMERICA v. METROPOLITAN TRANSPORTATION AUTHORITY and NEW YORK CITY TRANSIT AUTHORITY - OPINION & ORDER
III. DISCUSSION
The ADA “provide[s] a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities[.]” 42 U.S.C. § 12101(b)(1)....
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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)
§382.61(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...
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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...
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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...
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
NEW CONSTRUCTION AND ALTERATIONS {35.151}
NEW CONSTRUCTION AND ALTERATIONS {35.151}
New Construction
Shall be designed and constructed to be readily accessible to and usable by individuals with disabilities...
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Federal Documents > Technical Assistance > ADA Checklist for New Lodging Facilities
2. Door Hardware
Is the bathroom door hardware (levers, pulls, etc.) easily operable with one hand, without tight grasping, pinching or twisting of the wrist, since many persons with disabilities may not...
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Federal Documents > Preamble to Guidelines > 24 CFR Part 100—Fair Housing Accessibility Guidelines, Preamble
Minimum Clear Corridor Width
A few commenters from the disability community advocated a minimum clear corridor width of 48 inches....
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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)
Question 19
What types of EIT would permit individuals with communication disabilities to most effectively communicate from an accessible hospital room, nursing home facility, guest or sleeping room...
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Federal Documents > Technical Assistance > ADAAG Manual
Kickplates
Kickplates
Recommendation: Some people with disabilities may use walkers or wheelchair footrests to push through doors, particularly those with closers....
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Additional Access Publications > Employers' Guide to Including Employees with Disabilities in Emergency Evacuation Plans
INTRODUCTION
Accommodation Network (JAN) continues to receive calls from employers requesting information about their legal obligation to develop emergency evacuation plans and how to include employees with disabilities...
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Federal Documents > Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines
1193.23(b)(2) (Advisory Guidance)
Including individuals with disabilities in product design, testing, pilot demonstrations, and product trials will encourage appropriate design solutions to accessibility barriers....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.47(a)
entity that provides designated public transportation by means of a light or rapid rail system shall make key stations on its system readily accessible to and usable by individuals with disabilities...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.73(a)
purchasing or leasing, after August 25, 1990, a used bus or other used vehicle for use on the system, shall ensure that the vehicle is readily accessible to and usable by individuals with disabilities...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.89(c)
(c) For purposes of this section, it shall be considered feasible to remanufacture an intercity or commuter rail car so as to be readily accessible to and usable by individuals with disabilities...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.9(d)(3)(i)
(i) The entity shall contact individuals with disabilities and groups representing them in the community....
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Products and Additional Resources > Products
American Dryer, Inc Wall Guard Accessory
It achieves ADA compliance and provides safety for users living with disabilities because its curved lower edge assures that the "leading edge" of the dryer-with-wall-guard unit is 26" or...