Complainant J.P. is deaf and as such, is an individual with a “disability” within the meaning of the ADA. 42 U.S.C. § 12102; 28 C.F.R. § 36.104. 7....
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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II. INVESTIGATION AND FINDINGS
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Self-evaluation
self-evaluation is the key activity to determine what needs to be done to make sure the public entity is in compliance with the ADA and is providing an equal opportunity for people with disabilities...
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Hospital and healthcare settings. (Section-by-Section Analysis)
Public entities, including public hospitals, must modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability. 28 CFR 35.130(b)(7)...
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Maintaining Accessibility in Museum Programs
Once inside the building, visitors with disabilities want to fully experience all that museums have to offer – exhibitions, programs, special events, publications, and videos....
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"Qualified Reader'' (Section-by-Section Analysis)
This proposal was suggested in order to make clear to public accommodations that a failure to provide a qualified reader to a person with a disability may constitute a violation of the requirement...
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31.
of services advising guests to contact the ADA Contact Person with any questions or complaints regarding the services, amenities, accommodations or facilities provided to persons with disabilities...
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3.8 A process for identifying a reasonable accommodation
Consult with the individual with a disability to find out his or her specific physical or mental abilities and limitations as they relate to the essential job functions....
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Equipment and furniture.
Most organizations and individuals representing individuals with disabilities were in favor of adding or clarifying requirements for accessible equipment. ...
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Public Elementary and Secondary Schools
needs of students with disabilities as adequately as the needs of students without disabilities (FAPE)....
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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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Comments
Disability community commenters unanimously supported the Department's proposal....
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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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§382.53(a)(1)
(1) As a U.S. carrier, you must ensure that passengers with a disability who identify themselves as persons needing visual or hearing assistance have prompt access to the same information...
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1630.14(b)(3)
However, if certain criteria are used to screen out an employee or employees with disabilities as a result of such an examination or inquiry, the exclusionary criteria must be job-related...
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§382.119(b)
not limited to the following: information concerning flight safety, procedures for takeoff and landing, flight delays, schedule or aircraft changes that affect the travel of persons with disabilities...
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ADA Update - A Primer for Small Business
ADA Update: A Primer for Small Business The Department of Justice has revised its regulations implementing the Americans with Disabilities Act (ADA)....
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List of Subjects in 36 CFR Part 1193
List of Subjects in 36 CFR Part 1193 Communications, Communications equipment, Individuals with disabilities, Reporting and record keeping requirements, Telecommunications....
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Posting Notices
The notices must be accessible, as needed, to persons with visual or other reading disabilities....
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1005.2.1.1 Dispersion
Portions of the railings that are lowered to provide fishing opportunities for persons with disabilities must be located in a variety of locations on the fishing pier or platform to give...
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§382.19(d)
(d) If you refuse to provide transportation to a passenger on his or her originally-scheduled flight on a basis relating to the individual's disability, you must provide to the person a...
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§382.51(a)(2)
An accessible route is one meeting the requirements of the Americans with Disabilities Act Accessibility Guidelines (ADAAG), sections 4.3.3 through 4.3.10....
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End Note
For specific information about how to comply with the ADA and reach this nearly untapped audience of people with disabilities, visit the U.S....
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§27.72(b)
(b) Airports shall, in cooperation with carriers serving the airports, provide boarding assistance to individuals with disabilities using mechanical lifts, ramps, or other devices that do...
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H. - Applicability
Beginning June 21, 2001, persons with disabilities could file administrative complaints or bring civil actions in Federal court against agencies that fail to comply with the requirements...