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 > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.44 Academic adjustments.
[45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000]
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Federal Documents > Regulations > 24 CFR Part 8—Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of the Department of Housing and Urban Development (with amendments issued through Dec. 2007)
§8.3 Qualified individual with handicaps
Qualified individual with handicaps means:
(a) With respect to employment, an individual with handicaps who, with reasonable accommodation, can perform the essential functions of...
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Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.39(c)
(c) A recipient to which this section applies that provides special education shall do so in accordance with the provisions of §§104.35 and 104.36. Each recipient to which this...
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Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.37(a)(1)
(1) A recipient to which this subpart applies shall provide non-academic and extracurricular services and activities in such manner as is necessary to afford handicapped students an...
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Regulatory Support Documents > Analysis of Final Regulation > Appendix A to 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance, Analysis of Final Regulation (with amendments issued through July 2017)
31. Academic adjustments
Paragraph (a) of §104.44 requires that a recipient make certain adjustments to academic requirements and practices that discriminate or have the effect of discriminating on the basis...
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Regulatory Support Documents > Analysis of Final Regulation > Appendix A to 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance, Analysis of Final Regulation (with amendments issued through July 2017)
5. Qualified handicapped person
Paragraph (k) of §104.3 defines the term “qualified handicapped person.” Throughout the regulation, this term is used instead of the statutory term “otherwise qualified handicapped...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
F. Safety Briefings
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Advance Seat Assignments
Advance Seat Assignments
Carriers providing advance seat assignments may employ either the seat “blocking” method or the “priority” seating method.
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
ADA Overview
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.138(h)(1)
(1) For the sale of single-event tickets, it is permissible to inquire whether the individual purchasing the wheelchair space uses a wheelchair.
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.138(h)(2)
(2) For season tickets, subscriptions, or other multi-events, it is permissible to ask the individual to attest in writing that the wheelchair space is for an individual who utilizes...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Carry Information and Useful Documentation
Carry Information and Useful Documentation
Bringing photocopies of instructions about the assembly and disassembly of wheelchairs and other assistive devices when you access air...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Limitations on Accommodations
Limitations on Accommodations
Carrier personnel are expressly prohibited from performing certain tasks. For example, carrier personnel cannot physically hand-carry you on or off...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12101(a) Findings
(a) Findings
The Congress finds that
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
1. Evolving Approach to Covered Electronic Content
Nearly two decades have passed since promulgation of the existing 508 Standards. Since that time, the types of—and uses for—electronic documents and other content have grown...
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Federal Documents > Regulations > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§1630.14 Medical examinations and inquiries specifically permitted.
[56 FR 35734, July 26, 1991, as amended at 81 FR 31139, May 17, 2016]
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
Sections 35.108(d)(1) and 36.105(d)(1)—Substantially Limits
Sections 35.108(d)(1) and 36.105(d)(1)—Substantially Limits
Overview. The ADA as amended directs that the term ‘‘substantially limits’’ shall be ‘‘interpreted consistently with...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Definition of Disability
The definition of disability has three parts. A person only has to meet one of the parts to be covered....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
2.3(a) Identifying the Essential Functions of a Job
2.3(a) Identifying the Essential Functions of a Job
Sometimes it is necessary to identify the essential functions of a job in order to know whether an individual with a disability is...
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
Emergency Evacuation Planning Guide For People with Disabilities
CONTAINS PROVISIONS FOR THOSE WITH: Mobility Disabilities • Blind or Low Vision • Deaf or Hard of hearing • Speech Disabilities • Cognitive Disabilities
__________________________...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
5.5(f) The Job Interview
feel more at ease in talking with people who have different disabilities....
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Federal Documents > Technical Assistance > Guidance Questions and Answers Concerning 49 CFR Part 39, ADA Rules Concerning Passenger Vessels
QUESTION: WHAT CONSIDERATIONS APPLY TO PVOs’ OBLIGATION TO PROVIDE ASSISTANCE TO PASSENGERS WITH DISABILITIES WITH RESPECT TO BOARDING AND DISEMBARKING FROM VESSELS?
39.83
QUESTION: WHAT CONSIDERATIONS APPLY TO PVOs’ OBLIGATION TO PROVIDE ASSISTANCE TO PASSENGERS WITH DISABILITIES WITH RESPECT TO BOARDING AND DISEMBARKING FROM VESSELS?...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
National Council on the Handicapped
rights, and disability rights are pervasive....
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
19. Can an employer penalize an employee for work missed during leave taken as a reasonable accommodation?
An employee took five weeks of leave for treatment of his disability. The company cannot count those five weeks in determining whether to terminate this employee.(55)
53. Cf....