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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Legal Documents > National Federation of the Blind and USA v. HRB Digital LLC and HRB Tax Group, Inc. - Consent Decree
CONSENT DECREE
Title III of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181- 12189 (“ADA”) and its implementing regulation, 28 C.F.R. pt. 36, prohibit discrimination on the basis...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF CHESAPEAKE REGARDING THE ACCESSIBILITY OF POLLING PLACES
A. Accessible Voting Program
The City of Chesapeake shall not exclude individuals with disabilities from participation in or deny them the benefits of the voting program, or subject them to discrimination, on...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Chapter 3: Publicizing the ADA: Advocacy and the Government Response
Students’ demands for self-direction, independence, and opportunity echoed the disability rights movement....
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Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities and Public Accommodations (ANPRM)
i. Barriers to Web accessibility
Millions of individuals in the United States have disabilities that affect their use of the Web....
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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)
General description of monetized benefits for water closet clearance in single-user toilet rooms—out-swinging doors (Req. #28)
benefits for the requirement covering water closet clearances in single-user toilet rooms with out-swinging doors, a determination needed to be made concerning the population of users with disabilities...
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Research and History > Research Documents > A Longitudinal Study of Playground Surfaces to Evaluate Accessibility - Final Report
References
"Being a 'doer' instead of a 'viewer'": the role of inclusive leisure contexts in determining social acceptance for people with disabilities....
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Research and History > Research Documents > Standards and Anthropometry for Wheeled Mobility
Appendix 4 – References
International Journal of Industrial Ergonomics Special Issue on Anthropometry and Disability 33(3); 181–190.
Feathers, D., Paquet, V. and Drury, C. (2002). ...
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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)
General description of monetized benefits for water closet clearance in single-user toilet rooms—out-swinging doors (Req. # 28)
benefits for the requirement covering water closet clearances in single-user toilet rooms with out-swinging doors, a determination needed to be made concerning the population of users with disabilities...
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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 36.208(c) (Section-By-Section Analysis and Response to Comments)
Some suggested that public accommodations should be prohibited from making any inquiries to determine if an individual with a disability would pose a direct threat to other persons....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-227.2 Check-out aisles
Note: Operational procedures are often necessary to ensure the Americans with Disabilities Act accessibility requirements are met....
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State and Local Documents > Regulations > 36 CFR Part 1191 ADA and ABA Accessibility Guidelines for Emergency Transportable Housing Units
405.2 Slope (Exception 2), 405.6 Rise (Exception)
The exceptions may enable disaster survivors with disabilities who need emergency transportable housing units with mobility features to have the units installed on their private home sites...
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Rulemaking Process Documents > Committee Activity and Reports > Recommendations on Standards for the Design of Medical Diagnostic Equipment for Adults with Disabilities, Advisory Committee Final Report
2.4.1 Current Marketplace Dynamics
2.4.1 Current Marketplace Dynamics
The Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 already require that covered medical care providers ensure the...
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Rulemaking Process Documents > Committee Activity and Reports > Recommendations on Standards for the Design of Medical Diagnostic Equipment for Adults with Disabilities, Advisory Committee Final Report
5.8.3.1 Breast Platform Height Recommendations
Recommendations from accessibility experts who developed mammography protocols for women with disabilities identified a need for a breast platform height of 24 inches....
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Federal Documents > Technical Assistance > USDA Forest Service Missoula Technology and Development Center Facilities Toolbox: Accessibility Tools
When is a facility considered accessible?
Since 1995, Forest Service policy has been that the Forest Service would use both the Uniform Federal Accessibility Standards (UFAS) and the Americans with Disabilities Act Accessibility...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
H. Your Obligation to Provide Services and Equipment
When assistance getting on or off a plane, making flight connections, or receiving transportation between gates is requested by a passenger with a disability, or offered by carrier personnel...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
A. Aircraft Accessibility
In order to assist passengers with a disability, it is important for you to have some understanding of how aircraft have been made accessible to accommodate those passengers....
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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)
Accessible teeing grounds, putting greens, and weather shelters. (Section-by-Section Analysis)
Comments in favor of the proposed standard came from golf course owners and operators, individuals, organizations, and disability rights groups, golf course requirements generally came from...
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State and Local Documents > State Technical Assistance > DSA IR 11B-2: BEVELED LIP AT CURB RAMPS (with revisions issued through Jan. 2011)
DSA IR 11B-2: BEVELED LIP AT CURB RAMPS (with revisions issued through Jan. 2011)
California Government Code, Sections 4451(d) & (f)
Americans with Disabilities Act Standards for Accessible Design, Section 4.7.2
Discipline: Access Compliance
This Interpretation...
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State and Local Documents > Guidelines > 36 CFR Part 1191 ABA Accessibility Guidelines, Outdoor Developed Areas
§1191.1(a)
(a) The accessibility guidelines for buildings and facilities covered by the Americans with Disabilities Act are set forth in Appendices B and D to this part....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND 360 FEDERAL CREDIT UNION UNDER THE AMERICANS WITH DISABILITIES ACT
BACKGROUND
The Agreement resolves an investigation of THE CREDIT UNION conducted by the United States Department of Justice (United States or Department) under title III of the Americans 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)
Accessible teeing grounds, putting greens, and weather shelters. (Section-by-Section Analysis)
Comments in favor of the proposed standard came from golf course owners and operators, individuals, organizations, and disability rights groups, while comments opposing adoption of the golf...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-227.2 Check-out aisles
Note: Operational procedures are often necessary to ensure the Americans with Disabilities Act accessibility requirements are met....
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-227.2 Check-out aisles
Note: Operational procedures are often necessary to ensure the Americans with Disabilities Act accessibility requirements are met....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
3. Primary Consideration: Who Chooses the Auxiliary Aid or Service?
When an auxiliary aid or service is requested by someone with a disability, you must provide an opportunity for that person to request the auxiliary aids and services of their choice, and...