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 > 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
Reasonable Modification of Policies
recently, ADA passenger vessel rules, requiring regulated entities to make reasonable modifications to policies in order to ensure appropriate and nondiscriminatory service to persons with disabilities...
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Federal Documents > Technical Assistance > 2004 ADA Checklist for Polling Places
Typical Issues
Typical Issues
When parking is provided for voters, staff and volunteers, accessible parking must be provided for people with disabilities....
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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)
i. Medical examination and treatment tables and chairs
If a person with a disability cannot get onto an examination table or chair and is thus not examined (as occurs, for example, with some women with disabilities who cannot access ob-gyn tables...
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Rulemaking Process Documents > NPRMS > 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description (NPRM)
D. Plain Language Instructions
Regular U.S. mail: Disability Rights Section, Civil Rights Division, U.S. Department of Justice, P.O. Box 2885, Fairfax, VA 22031-0885....
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Additional Access Publications > Accessible Health Care Briefs: HEALTH CARE (Clinic/Outpatient) FACILITIES ACCESS
4. a. ACCESS GUIDANCE DOCUMENTS
., Americans with Disabilities Act Compliance Guide for Organizations,1995, (Hardcover)
Informal presentation on ADA compliance with chapters on: program access and nondiscrimination;...
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Additional Access Publications > Using a Fitness Center Does Not Have to be an Exercise in Frustration: Tips for People with Mobility and Visual Disabilities
2.3 Use a Universal Design Approach
Easy to understand signs include text as well simple pictures and symbols, for people who have visual disabilities and for those who have difficulty reading....
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Federal Documents > Technical Assistance > 2004 ADA Checklist for Polling Places
Typical Issues
Typical Issues
Some voters with disabilities will be driven to the polling place and dropped off near an entrance in a passenger drop-off area....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND BLOCKBUSTER INC.DEPARTMENT OF JUSTICE COMPLAINT NUMBER 202-35-231
PARTIES
Blockbuster affirms its commitment to maintain policies, practices, and procedures as outlined in this Agreement to ensure that individuals with disabilities have an opportunity equal to...
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-4.1400 Surcharges
Although compliance may result in some additional cost, a public accommodation may not place a surcharge only on particular individuals with disabilities or groups of individuals with disabilities...
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Research and History > Research Documents > Anthropometry of Wheeled Mobility Project: Final Report
2.3.1 Comparison of Demographic Characteristics of Our Sample and U.S. Population of WhMD Users
Demographic information about the U.S. population of WhMD users was obtained through summary reports of the 1994‒95 National Health Interview Survey on Disability (Flagg, 2009; Kaye et al...
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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 36.305 Effective Date (Section-By-Section Analysis and Response to Comments)
Section 36.305 Effective Date (Section-By-Section Analysis and Response to Comments)
In general, title III is effective 18 months after enactment of the Americans with Disabilities Act...
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Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices
B.
., providing fixed route bus service that people with disabilities can use to move among stops on the system, providing complementary paratransit service that gets eligible riders from their...
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Legal Documents > VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THOMAS JEFFERSON UNIVERSITY HOSPITALS INC. & OUTPATIENT IMAGING AFFILIATES, LLC. DJ# 202-62-458
End of Document
KIJEWSKI, Deputy Chief
Disability Rights Section
Civil Rights Division
_/s/ Alyse Bass___________
ALYSE S....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Certification of Equivalent Service
Certification of Equivalent Service
The (name of agency) certifies that its demand responsive service offered to individuals with disabilities, including individuals who use wheelchairs...
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Federal Documents > Regulations > 24 CFR Part 8 Nondiscrimination on the Basis of Disability in Federally Assisted Programs and Activities - Notice: Instructions for use of alternative accessibility standard
Washing Machines; Clothes Dryers— Sections 214.2 and 214.3 of the 2010 Standards
dryers in common use laundry rooms in facilities serving accessible residential dwelling units.20 UFAS’ requirements for front-loading machines reflect the fact that not all persons with disabilities...
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
208.3.1 General
Designated accessible spaces shall be designed and marked for the exclusive use of those individuals who have a severe physical disability and have permanent or temporary mobility problems...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
B. Accessibility
Ensure that the sheltering program is accessible to people with disabilities. Disasters and emergencies are unpredictable....
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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
C. The 2014 Notice of Proposed Rulemaking on Movie Captioning and Audio Description
theaters were converting from analog to digital projection systems, the Department published a Notice of Proposed Rulemaking on August 1, 2014, entitled Nondiscrimination on the Basis of Disability...
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Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
A. Purpose and Legal Authority
The Access Board is responsible for developing accessibility guidelines and standards under various laws to ensure that individuals with disabilities have access to and use of buildings...
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
5. Safety Hazards
She alleges that "it is well-settled that public entities have a duty to remove disability access barriers that constitute safety hazards to persons with mobility disabilities" and that...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND BLOCKBUSTER INC.DEPARTMENT OF JUSTICE COMPLAINT NUMBER 202-35-231
BACKGROUND
This matter was initiated by a complaint filed under Title III of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12181-12189, with the United States Department of...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND EDX INC. UNDER THE AMERICANS WITH DISABILITIES ACT
EXHIBIT A: EDX WEBSITE ACCESSIBILITY POLICY
We value every learner, and are committed to being a leader in expanding access to all, including learners with disabilities. ...
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-6.1000 General
If an alteration in a place of public accommodation or commercial facility is begun after January 26, 1992, that alteration must be readily accessible to and usable by individuals with disabilities...
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Additional Access Publications > A Guide to Planning Accessible Meetings
Telephones
For the most up-to-date details on regulations, proposed rules, and resources, visit the website of the Federal Communication Commission's Disability Rights Office....