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.
-
Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture (ANPRM)
A. Statutory and rulemaking history
Bush signed into law the ADA, a comprehensive civil rights law prohibiting discrimination on the basis of disability....
-
Legal Documents > Colorado Cross-Disability Coalition, et al. Plaintiffs, v. Abercrombie & Fitch Co., et al., Defendants. - Statement of Interest on the Parties' Motions for Summary Judgment
B. The 2010 Standards Regarding Public Entrances Are Intended To Achieve the Same Result As the 1991 Standards Regarding Public Entrances
The two types of entrances at issue here provide a very different experience to customers with and without disabilities. ...
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
6. Acquisition or Modification of Equipment and Devices
Frequently, applicants and employees with disabilities can suggest effective low cost devices or equipment....
-
Legal Documents > United States of America v. Hilton Worldwide Inc. - Consent Decree
25. RESERVATIONS SYSTEM
When a guest checks in for a reserved accessible room, hotel staff may ask if the guest needs the accessible features of that room for a disability....
-
State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-202.3 Alterations
to persons with other types of disabilities (e.g., those who use crutches, those who have impaired vision or hearing, or those who have other impairments)....
-
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)(4) Condition, Manner, or Duration
In the legislative history of the ADAAA, Congress reiterated what it had said at the time of the original ADA: “A person is considered an individual with a disability for purposes of the...
-
Webinars, Videos, and Training > Product Demonstration or Information
CaviLock CL100 LaviLock
Showcasing the CL100 LaviLock disabled access lock from Cavilock. With vacant/ in use indication, auto latching and exit free functionality. More information at www.cavilock.com....
-
Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description Final Rule
E. Unfunded Mandates Reform Act
final Federal regulation that “establishes or enforces any statutory rights that prohibit discrimination on the basis of race, color, religion, sex, national origin, age, handicap, or disability...
-
Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
A. What are the ADA’s Requirements for Emergency Communications Systems?
The ADA requires that all Public Safety Answering Points (PSAPs) provide direct and equal access to their services for people with disabilities who use teletypewriters (TTYs).1
1 Department...
-
Federal Documents > Technical Assistance > 2016 ADA CHECKLIST FOR POLLING PLACES
TABLE OF CONTENTS
Polling Place Accessibility is Required by the Americans with Disabilities Act
Requirements for Accessibility
Evaluating the Physical Accessibility of Polling Places
Getting...
-
Federal Documents > Technical Assistance > Questions and Answers: The ADA and Persons with HIV/AIDS
What is an “essential function” of the job?
Requiring the ability to perform “essential” functions assures that an individual with a disability will not be considered unqualified because of his or her inability to perform marginal...
-
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)
§382.27(f)
(f) If a passenger with a disability provides the advance notice you require, consistent with this section, and the passenger is forced to change to another flight (e.g., because of a flight...
-
State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-904.2 Approach
counter, locate the accessible counter close to the cash register so that a person using a wheelchair is visible to sales or service personnel and to minimize the reach for a person with a disability...
-
Federal Documents > Technical Assistance > Accessible Play Areas - A Summary of Accessibility Guidelines for Play Areas
10. Can a transfer platform be an irregular shape as long as it incorporates the minimum rectangle of 14 by 24 inches?
While permitted, providing odd shaped or textured transfer platforms may decrease the usability by some persons with disabilities....
-
State and Local Documents > Guidelines > Accessible Amusement Rides - A Summary of Accessibility Guidelines for Recreation Facilities
Signage
If the route to the accessible load area is different for persons with disabilities than for other riders, there must be signage indicating the location of the accessible load area so that...
-
Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
(1) the Curb Ramp and Sidewalk Transition Plan
(1) the City's [2007-2008 Fiscal Year ("FY") Americans with Disabilities Act Transition Plan for Curb Ramps and Sidewalks ("Curb Ramp and Sidewalk Transition Plan") which does not comply...
-
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)
§ 36.311(b) Other power-driven mobility devices
A public accommodation shall make reasonable modifications in its policies, practices, and procedures to permit the use of other power-driven mobility devices by individuals with disabilities...
-
Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
Unfunded Mandates Reform Act
final federal regulation that "establishes or enforces any statutory rights that prohibit discrimination on the basis of race, color, religion, sex, national origin, age, handicap, or disability...
-
State and Local Documents > Guidelines > 36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines)
T704.3.1 Automated Stop Announcements
Signs shall be viewable onboard from all wheelchair spaces and priority seats for passengers with disabilities....
-
Federal Documents > Technical Assistance > Section 508 of the Rehabilitation Act - Frequently Asked Questions
A.3.i - What are the "Covered Actions"?
(Individuals with disabilities may only enforce Section 508 with respect to procurements....
-
Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Unfunded Mandates Reform Act
final federal regulation that "establishes or enforces any statutory rights that prohibit discrimination on the basis of race, color, religion, sex, national origin, age, handicap, or disability...
-
Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.136(g) Access to areas open to the public, program participants, and invitees
Individuals with disabilities who are accompanied by service animals may access all areas of a public entity's facility where members of the public, program participants and invitees are...
-
Federal Documents > Technical Assistance > ADA Checklist for New Lodging Facilities
G. Door Hardware
all entry doors to accessible guestrooms and other passage doors within the room usable with one hand, without tight grasping, pinching, or twisting of the wrist, since many persons with disabilities...
-
Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.138(a) General
A public entity that sells tickets on a preassigned basis shall modify its policies, practices, or procedures to ensure that individuals with disabilities can purchase tickets for accessible...