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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Research and History > Research Documents > Accessible Exterior Surfaces Technical Article
RESEARCH OBJECTIVES
Determine the energy costs and perceived level of difficulty to negotiate a range of outdoor surfaces among a small group of subjects with and without disabilities;
2....
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Americans with Abilities
evils of discrimination in any form, and the importance of judging individuals by their abilities—not patronizing misconceptions, demeaning stereotypes, and irrational fears about their disabilities...
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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)
§ 35.137(b)(1) Use of other power-driven mobility devices
A public entity shall make reasonable modifications in its policies, practices, or procedures to permit the use of other power-driven mobility devices by individuals with mobility disabilities...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.103(c) Demand responsive systems
an automobile, a van with a seating capacity of less than eight persons (including the driver), it shall ensure that the vehicle is readily accessible to and usable by individuals with disabilities...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.91(e)
used to provide food service, a person providing intercity rail service shall provide appropriate aids and services to ensure that equivalent food service is available to individuals with disabilities...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.101(d) Demand Responsive System, Vehicle Capacity Over 16
vehicle with a seating capacity of over 16 passengers (including the driver) for use on the system, it shall ensure that the vehicle is readily accessible to and usable by individuals with disabilities...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.101(c) Fixed Route System. Vehicle Capacity of 16 or Fewer
with a seating capacity of 16 or fewer passengers (including the driver) for use on the system, it shall ensure that the vehicle is readily accessible to and usable by individuals with disabilities...
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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)
§ 35.151(b)(4) Path of travel
feasible, the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the altered area are readily accessible to and usable by individuals with disabilities...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.43(a)(1)
ensure that the alterations are made) in such a manner, to the maximum extent feasible, that the altered portions of the facility are readily accessible to and usable by individuals with disabilities...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-4.3000 Basic employment requirements
Additional information on employment issues is available in "A Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act," issued by the EEOC...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Phase II: Energy and Commerce & Public Works and Transportation Committees
Consequently, their initial draft of the ADA excluded persons who were mentally ill from the definition of disability. This caused an uproar in the disability community....
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Federal Documents > Preamble to Regulations > 49 CFR Parts 37 and 38 -- Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments, Preamble
Comments
Disability community commenters unanimously supported the Department's proposal....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
SUMMARY OF PRELIMINARY REGULATORY ANALYSIS
who are expected to benefit from improved ICT accessibility; (b) time saved by members of the public with certain disabilities when using more accessible federal websites; and (c) reduced...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
A Bird’s Eye View of the House Deliberations
of promoting civil rights legislation for people with disabilities....
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Federal Documents > Technical Assistance > A Guide to Disability Rights Laws
Section 508
Section 508 requires Federal electronic and information technology to be accessible to people with disabilities, including employees and members of the public....
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Wheelchair Space or Transfer Seat or Transfer Device
wheelchair spaces and transfer seats and devices because most amusement rides are too complex to be reasonably modified or re-engineered to accommodate the majority of individuals with disabilities...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-221.2.1.6 Specialty seating areas
buildings and facilities, if it is not readily achievable for wheelchair spaces to be placed in each specialty seating area, those services or amenities shall be provided to individuals with disabilities...
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Research and History > Research Documents > The Impact of Transfer Setup on the Performance of Independent Transfers: Phase I Final Report
Subjects
sample required wheeled mobility device users who lived in the community and were able to transfer independently (with or without a transfer board) and who represent a broad spectrum of disabilities...
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Legal Documents > United States of America v. Employees' Retirement Systems of Alabama, Teachers' Retirement Systems of Alabama, and PCH Hotels & Resorts, Inc. - Consent Decree
L. Accessible Guest Rooms
Tower section of the Hotel); b) one Executive Queen Suite; c) two Executive King Suites; d) the Governor's Suite made accessible via the accessible connecting room provided to guests with disabilities...
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Federal Documents > Technical Assistance > Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act
7. Q: Our center specializes in "group child care." Can we reject a child just because she needs individualized attention?
If a child who needs one-to-one attention due to a disability can be integrated without fundamentally altering a child care program, the child cannot be excluded solely because the child...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Illegal Use of Drugs
Title II regulation 28 § 35.108
Definition of disability:
(g) Exclusions....
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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)
Section 36.302(c) Service Animals (Section-by-Section Analysis)
title III regulation states that ‘‘[g]enerally, a public accommodation shall modify [its] policies, practices, or procedures to permit the use of service animals by an individual with a 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)
Treatment of "manually-powered mobility aids.'' (Section-by-Section Analysis)
Since strollers are not devices designed primarily for individuals with mobility disabilities, the Department does not consider them to be manually-powered mobility aids; however, strollers...
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Legal Documents > SETTLEMENT AGREEMENT between THE UNITED STATES OF AMERICA and PALM BEACH COUNTY, FLORIDA
Poll Worker Training
The Supervisor shall ensure that all poll worker training materials emphasize that by law, individuals with disabilities, including individuals who are blind or visually impaired,...