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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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...
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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....
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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...
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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)....
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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 36.103 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...
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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....
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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...
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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
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...
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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....
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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....
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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....
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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...
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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)
§382.51(b)(1)
(1) This means that passengers with a disability must be able to move readily through such terminal facilities to get to or from the gate and any other area from which passengers board the...
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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)
§382.129(a)
(a) As a carrier, you must permit passengers with a disability to provide written directions concerning the disassembly and reassembly of their wheelchairs, other mobility aids, and other...
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Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
Alternate Formats (Section-by-Section Analysis)
Alternate Formats (Section-by-Section Analysis)
Certain product information must be made available in alternate formats for the product to be usable by individuals with disabilities....
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Legal Documents > United States of America, Plaintiff, v. Cinemark USA, Inc., Defendant - Consent Order
C.
including Cinemark's stadium-style movie theaters – that were designed and constructed for first occupancy after January 26, 1993, must be readily accessible to and useable by persons with disabilities...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Employment Practices Regulated by Title I of the ADA
Employment Practices Regulated by Title I of the ADA
Employers cannot discriminate against people with disabilities in regard to any employment practices or terms, conditions, and privileges...
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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)
§382.85(a)(2)(i)
(i) When a passenger with a disability not described in §382.81 makes a reservation, you must assign to the passenger any seat, not already assigned to another passenger, that accommodates...
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Federal Documents > Technical Assistance > ADA/Section 504 Design Guide - Accessible Cells in Correction Facilities
Basic Features
Basic Features
Inmates with disabilities - including those who use wheelchairs - need to be able to enter their cells and move around inside them, using the cells’ features without assistance...
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Legal Documents > LEGAL OPINION - U.S. DEPARTMENT OF TRANSPORTATION OFFICE of GENERAL COUNSEL on 49 CFR 37.43(a)
Questions presented:
is a public entity permitted to consider costs and cost-disproportionality in determining whether to make an altered path of travel in a facility readily accessible to individuals with disabilities...
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State and Local Documents > Guidelines > 36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines)
T213.2 Priority Seats
Non-rail vehicles operated in fixed-route service shall designate at least two seats as priority seats for passengers with disabilities....
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Notice of Non-Discrimination
must provide notice identifying the district’s Section 504 coordinator and notifying participants, beneficiaries, applicants, and employees, that it does not discriminate on the basis of disability...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM (2008 Title III NPRM)
§ 36.302(f)(1) General
A public accommodation shall modify its policies, practices, or procedures to ensure that individuals with disabilities can purchase tickets for accessible seating during the same hours,...
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Additional Access Publications > Guidelines for Writing about People with Disabilities
5. Use neutral language.
Use
Don’t Use
Person who has had a stroke
Stroke victim
Congenital disability
Birth defect...