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.
-
Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
The American Recovery and Reinvestment Act of 2009
____________________________________________________________
2/17/2009
The American Recovery and Reinvestment Act of 2009 substantially increases funding for the Individuals with Disabilities...
-
Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Job Training Partnership Act of 1982
unskilled adults for entry into the labor force and provides job training to economically disadvantaged and other individuals facing serious barriers to employment, including those with disabilities...
-
Federal Documents > Technical Assistance > Guide to the ADA Standards
Security Barriers [§206.8]
Accessible routes can be adjacent to metal detectors and other screening devices that do not accommodate all people with disabilities, but the route must be located so users can maintain...
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.161(a)
shall maintain in operative condition those features of facilities and vehicles that are required to make the vehicles and facilities readily accessible to and usable by individuals with disabilities...
-
State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
1.9.1.2 Application
All privately funded public accommodations, as defined, and commercial facilities, as defined, shall be accessible to persons with disabilities as follows:
Exception: Certain types of...
-
State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-1003.3 Clearances
Although the minimum width of the clear pier space is 60 inches (1525 mm), it is recommended that piers be wider than 60 inches (1525 mm) to improve the safety for persons with disabilities...
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.213(c)(1)
(1) On March 26, 2001, each fixed-route large operator shall submit to the Department a report on how many passengers with disabilities used the lift to board accessible buses for the period...
-
State and Local Documents > Codes and Standards > 2019 California Standards
11B-1003.3 Clearances
Although the minimum width of the clear pier space is 60 inches (1525 mm), it is recommended that piers be wider than 60 inches (1525 mm) to improve the safety for persons with disabilities...
-
Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Section 35.151(j) Residential housing for sale to individual owners
The Department also sought public comment on this issue stating that “[t]he Department would welcome recommendations from individuals with disabilities, public housing authorities, and other...
-
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
Covered Content on Primary Web Sites
Disability advocacy organizations and individuals who self-identified as having a disability unanimously supported the Department's proposal to require that all public-facing content on...
-
Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
White House Testimony
So was Kemp, who functioned as a vital link between the disability community and the White House....
-
Federal Documents > Preamble to Standards > 36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards) - Preamble
Section 1194.3 General Exceptions (Preamble, Section-by-Section Analysis)
Such assistive technology may be required as part of a reasonable accommodation for an employee with a disability or to provide program accessibility....
-
Legal Documents > United States of America v. The Beth Israel Deaconess Medical Center - Settlement Agreement
A. DEFINITIONS AND BACKGROUND
of the Americans with Disabilities Act, 42 U.S.C. §§ 12181 - 12189 (the "ADA"), and the Department of Justice's implementing regulation, 28 C.F.R....
-
Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
Section 35.151(j) Residential housing for sale to individual owners (Section-by-Section Analysis)
The Department also sought public comment on this issue stating that ‘‘[t]he Department would welcome recommendations from individuals with disabilities, public housing authorities, and...
-
Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
4. Breast Platform Adjustability
Two other commenters, a disability rights organization and a manufacturer disagreed. The disability rights organization recommended adopting a minimum height range of 24 to 26 inches....
-
Research and History > Research Documents > Independent Wheelchair Transfers in the Built Environment: How Transfer Setup Impacts Performance Phase 2: Final Report
Mobility Use Demographics
Tables D4 and D5 show the breakdown of gender and mobility type by self-reported disability for phase 1 and phase 2.
Table D4....
-
Legal Documents > Reynoldson, Pixley, Whedbee v. City of Seattle - Class Action Complaint Regarding the Pedestrian Right of Way
THIRD CAUSE OF ACTION
49.60.030(1) of the Revised Code of Washington provides in pertinent part:
The right to be free from discrimination because of . . . the presence of any sensory, mental, or physical disability...
-
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)
Costs Not Monetized in the Formal Analysis
Reduction in facility value and losses to individuals without disabilities due to the new accessibility requirements....
-
Additional Access Publications > 5 “G’s” Getting Access to Health Care for People with Physical Disabilities
1.1 Knowing Your Rights and Responsibilities
Just as you are the expert on your body, you should also know your rights under the Americans with Disabilities Act (ADA) and about other information that will help you get equal access...
-
Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ILLINOIS STATE POLICE
GENERAL AGREEMENT
GENERAL AGREEMENT
The ISP agrees that it shall not discriminate against a qualified individual on the basis of disability in violation of the ADA. 42 U.S.C. § 12112(a)....
-
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 36.103 Relationship to Other Laws (Section-By-Section Analysis and Response to Comments)
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...
-
Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
Costs Not Monetized in the Formal Analysis
Reduction in facility value and losses to individuals without disabilities due to the new accessibility requirements....
-
Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.2(j)(1)(vi) Mitigating Measures
was therefore not an individual with a disability); Orr v....
-
Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
Chapter 5 Addendum: Title II Checklist (Website Accessibility)
Information describing specific actions taken to make your existing website accessible to people with disabilities....