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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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
23. How should an employer handle requests for modified or part-time schedules for an employee covered by both the ADA and the Family and Medical Leave Act (FMLA)?
Under the ADA, an employee who needs a modified or part-time schedule because of his/her disability is entitled to such a schedule if there is no other effective accommodation and it will...
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Federal Documents > Preamble to Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)
What do I do if I believe that a passenger’s assertions about having a disability or a service animal are not credible?
The CRO is a resource for resolving difficulties related to disability accommodation.
Consult with the CRO immediately, if possible....
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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)
§ 36.311(c)(2) Inquiry into use of other power-driven mobility device
A public accommodation that permits the use of an other power-driven mobility device by an individual with a mobility disability shall accept the presentation of a valid, State-issued disability...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.16(a)
However, a religious entity may not discriminate against a qualified individual, who satisfies the permitted religious criteria, because of his or her disability....
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Federal Documents > Regulations > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§1630.16(a) Religious entities
However, a religious entity may not discriminate against a qualified individual, who satisfies the permitted religious criteria, on the basis of his or her disability....
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Title III Highlights
III. "Individuals with Disabilities"
The Americans with Disabilities Act provides comprehensive civil rights protections for "individuals with disabilities". ...
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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
What the Law Says
(Bondi 2001)
The Americans with Disabilities Act of 1990 (ADA) does not require formal emergency plans....
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Webinars, Videos, and Training > Spirit of the ADA
Mark Perriello on Americans with Disabilities Act Video
Requires the Registered User plan or above.
Login!
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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)
§382.55 May carriers impose security screening procedures for passengers with disabilities that go beyond TSA requirements or those of foreign governments?
[Doc. No. DOT-OST-2004-19482, 73 FR 27665, May 13, 2008, as amended at 74 FR 11471, Mar. 18, 2009]
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Additional Access Publications > Emergency Health Information
How: Tips on Completing Emergency Health Information
When completing your emergency health information (forms included at back of this guide) be sure and include:
Disability/Conditions affecting emergency care (if you are not sure, list...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Verification of Service Animals
Verification of Service Animals
Under particular circumstances, you may see a need to verify whether an animal accompanying a passenger with a disability qualifies as a service animal...
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Federal Documents > Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines
Paragraph (h) (Advisory Guidance)
Include individuals who are deaf or who have speech disabilities in the subject populations that are used to develop voice recognition algorithms, so that the algorithms will better accommodate...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
I’m deaf ...Do the airlines have to provide me with such information as schedule changes, gate changes, etc.?
Persons who are unable to obtain this information from the audio or visual systems used by carriers may have to advise the carrier about the nature of their disability, at which point the...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12101(a) Findings
(a) Findings. --The Congress finds that --
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Federal Documents > Technical Assistance > Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
1.6.13 Qualified Individual.
1.6.13 Qualified Individual.
An individual who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or...
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Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.14 Medical Examinations and Inquiries Specifically Permitted
Section 1630.14 Medical Examinations and Inquiries Specifically Permitted
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Substantially Limited in Working
Substantially Limited in Working
It is not necessary to consider if a person is substantially limited in the major life activity of "working" if the person is substantially...
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Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
Keeping Medical Information Confidential
KEEPING MEDICAL INFORMATION CONFIDENTIAL
With limited exceptions, an employer must keep confidential any medical information it learns about an applicant or employee. Under the...
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Federal Documents > Preamble to Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)
What about the passenger who has two or more service animals?
A single passenger legitimately may have two or more service animals. In these circumstances, you should make every reasonable effort to accommodate them in the cabin in...
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
Chapter 2 BUILDING AN EVACUATION PLAN FOR A PERSON WITH LIMITED MOBILITY
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
IS ASSISTANCE REQUIRED?
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Federal Documents > Technical Assistance > The Mental Health Provider's Role in a Client's Request for a Reasonable Accommodation at Work
5. When Is It Important for My Client to Request a Reasonable Accommodation?
Because an employer does not have to excuse failure to meet production standards that are consistently applied, even if the difficulty was caused by a health condition or the side...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
REQUESTING REASONABLE ACCOMMODATION
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Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.3(l) Qualified handicapped person
(l) Qualified handicapped person means:
(1) With respect to employment, a handicapped person who, with reasonable accommodation, can perform the essential functions of the job in...