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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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,...
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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
5. Conclusion
Some fitness centers have been slow to respond to the needs of people with disabilities and recognize the customer base they represent. ...
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State and Local Documents > State Technical Assistance > CCDA Accessibility Compliance for Businesses: "Myths and Misconceptions"
3. If I comply with the California accessibility requirements, am I in compliance with ADA?
In addition to physical/architectural access, "program" access is also required by ADA, Unruh Civil Rights Act, California's Disabled Persons Act (CDPA), and California Government Code (...
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Additional Access Publications > Comparison: 2010 and 1991 ADA Standards for Accessible Design - Scoping Requirements
203 General Exceptions
Areas that are used only as work areas shall be designed and constructed so that individuals with disabilities can approach, enter, and exit the areas....
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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)
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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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
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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State and Local Documents > Codes and Standards > 2019 California Standards
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 > 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 > Guidance on the 2010 ADA Standards for Accessible Design
Dispersion
disabilities, from single occupancy guest rooms with limited features (and accompanying limited price tags) to luxury suites with lavish features and choices....
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Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
Section 1193.23 Product design, development and evaluation (Section-by-Section Analysis)
Clearly, "involvement" of persons with disabilities is not appropriate in this case....
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Legal Documents > National Association of the Deaf, Western Massachusetts Association of the Deaf and Hearing Impaired, and Lee Nettles, Plaintiffs v. NETFLIX, INC., Defendant - Statement of Interest
3. The Department of Justice’s Regulatory Developments Reinforce that Netflix is a Public Accommodation
Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities, 73 Fed. Reg. 34508, 34514-19 (June 17, 2008)....
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Phase III: Judiciary Committee
Some people with disabilities suggested giving up on the remedies issue in order to save the rest of the bill, but the disability community generally lobbied vigorously to oppose this and...
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Products and Additional Resources > Products
Aquatic Access Pool Lift IGAT-180/135
The Model IGAT-180/135 meets all of the 2010 Standards for Accessible Design, the new requirements of the Americans with Disabilities Act (ADA), and provides easy and affordable access to...
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Products and Additional Resources > Products
DORMA KTC-2 Revolving Door
Suitable for the needs of the disabled
The DORMA KTC-2 two-wing revolving door is easy to operate and ideally suited to the requirements of wheelchair users....
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Products and Additional Resources > Products
Bradley 3-Station Frequency Lavatory System FL-3H & FL-3L
With its patented design, the multi-height Frequency Lavatory System comfortably provides hand-washing access for adults, children, and those with disabilities....
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Products and Additional Resources > Products
Allegion Falcon B-Series Mechanical Locks
All lever designs shall be solid (no inserts) and meet the federal ADA and state disability requirements.
Locksets shall adjust to fit door thickness from 1 3/8” to 2”....
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Products and Additional Resources > Products
Delta Single Handle Lavatory Faucet with Touch2O.xt™ Technology 592T-DST
the life of the faucet
Includes optional 6-1/4 in. escutcheon for 3-hole installations
Includes matching finish plastic pop-up drain assembly
Meets standards set by Americans with Disabilities...