2008 and became effective on January 1, 2009.3 Congress passed the Amendments Act in part to supersede Supreme Court decisions that had too narrowly interpreted the ADA's definition of a disability...
Search Results "Disability"
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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Q2: What is the Amendments Act?
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12210(a) In General
.-- For purposes of this Act, the term individual with a disability does not include an individual who is currently engaging in the illegal use of drugs, when the covered entity acts...
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12210(a) In general
(a) In general For purposes of this chapter, the term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs, when the covered...
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§ 35.152(b)(2)
(2) Public entities shall ensure that inmates or detainees with disabilities are housed in the most integrated setting appropriate to the needs of the individuals....
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§35.130(b)(2)
(2) A public entity may not deny a qualified individual with a disability the opportunity to participate in services, programs, or activities that are not separate or different, despite...
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§ 37.5(d)
(d) An entity shall not impose special charges, not authorized by this part, on individuals with disabilities, including individuals who use wheelchairs, for providing services required...
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5. What must an employer do after receiving a request for reasonable accommodation?
The employer and the individual with a disability should engage in an informal process to clarify what the individual needs and identify the appropriate reasonable accommodation.(24) The...
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42. May an employer tell other employees that an individual is receiving a reasonable accommodation when employees ask questions about a coworker with a disability?
An employer may not disclose that an employee is receiving a reasonable accommodation because this usually amounts to a disclosure that the individual has a disability....
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§382.117(d)
is a service animal, you must accept identification cards, other written documentation, presence of harnesses, tags, or the credible verbal assurances of a qualified individual with a disability...
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Service Animals
Regardless of your carrier’s policies with respect to pets, carriers are required by law to permit passengers with a disability to be accompanied by service animals in the cabin....
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Title II and the IDEA
services because of that disability....
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§ 35.152(b)(2)
(2) Public entities shall ensure that inmates or detainees with disabilities are housed in the most integrated setting appropriate to the needs of the individuals....
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B. Analysis
Criminal justice entities have reviewed their policies, practices, procedures, and standing orders to ensure that they do not discriminate against people with mental health disabilities...
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12112(a) General rule
(a) General rule No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge...
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QUESTION: HOW IS IT DETERMINED WHAT KIND OF AUXILIARY AID OR SERVICE A PVO WILL PROVIDE TO A PASSENGER WITH A DISABILITY?
39.51, 39.35, 39.37, 39.5 QUESTION: HOW IS IT DETERMINED WHAT KIND OF AUXILIARY AID OR SERVICE A PVO WILL PROVIDE TO A PASSENGER WITH A DISABILITY?...
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Service Animal Permitted to Accompany Passenger on Flight and at Seat Assignment
Service Animal Permitted to Accompany Passenger on Flight and at Seat Assignment You must permit dogs and other service animals used by passengers with a disability to accompany the passengers...
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Defining and Delivering Disability-Competent Care - What Is It And Why Is It Important?
This is the first webinar in Webinar Series #1, "Leading Healthcare Practices and Training: Defining and Delivering Disability-Competent Care". ...
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§ 38.27(a)
(a) Each vehicle shall contain sign(s) which indicate that seats in the front of the vehicle are priority seats for persons with disabilities, and that other passengers should make such...
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Facilities Specializing in Treating Conditions That Affect Mobility: ADA Standard Section 223.2.2
Section 223.2.2 covers scoping requirements in the current ADA Standards for facilities specializing in treating conditions that affect mobility.
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11B-223.2.2 Facilities specializing in treating conditions that affect mobility
In facilities specializing in treating conditions that affect mobility, 100 percent of the patient bedrooms shall provide mobility features complying with Section 11B-805. [2010...
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A Guide to Disability Rights Laws
Department of Justice Civil Rights Division Disability Rights Section A Guide to Disability Rights Laws July 2009 For persons with disabilities, this document is available...
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How to Use This Manual
Looks at the definitions of "an individual with a disability" and a "qualified individual with a disability," drawing upon guidance set out in EEOC's Title I regulation and interpretive...
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Scenario 9 – Unjustified Different Treatment
In this case, none of the parents of students without disabilities were told that they must attend the field trip; therefore, the school may not require Ricardo’s father’s attendance simply...
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7. Online Disability Accommodation Request
The disability advocacy community and some individual members of the public strongly favored adopting a requirement for carriers to allow passengers to submit a request online for a disability...