Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (as amended by the final rule published on September 15, 2010) Authority: 5 U.S.C. 301; 28...
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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Revised Final Title II Regulation with Integrated Text
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§ 37.213(c)(2)
Beginning on October 29, 2001 and on the last Monday in October in each year thereafter, each fixed-route operator shall submit to the Department, a report on how many passengers with disabilities...
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§ 37.105 Equivalent service standard
of this part, a fixed route system or demand responsive system, when viewed in its entirety, shall be deemed to provide equivalent service if the service available to individuals with disabilities...
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§ 37.42(d)(2)
demonstrate how boarding equipment or platforms would be deployed, maintained, and operated; and how personnel would be trained and deployed to ensure that service to individuals with disabilities...
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II. ENFORCING THE ADA PART 2
disabled, based on merit alone....
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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....
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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....
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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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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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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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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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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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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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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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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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White House Testimony
So was Kemp, who functioned as a vital link between the disability community and the White House....
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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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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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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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Evaluating the Accessibility of a Meeting Site
Meeting Site The following descriptions and accompanying images are designed to help determine if a meeting location has the most basic accessible features needed by participants with disabilities...
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What types of physical barriers to access is a public accommodation required to remove? Why is this important to persons with HIV or AIDS?
The ADA requires that all newly constructed places of public accommodation be readily accessible to and usable by individuals with disabilities....
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7. Q: What about applicants with a history of illegal drug use? Do they have rights under the ADA?
Casual drug use is not a disability under the ADA....
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Dispersion
For example, facilities should hold the accessible slips open for persons with disabilities until all other slips are filled....
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Resources
Let’s Put the Person First, Not the Disability, Kathie Snow, 2013 http://www.disabilityisnatural.com/explore/people-first-language Guidelines: How to Write and Report About People...