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 > 2019 California Standards
11B-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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Links > Program Access
Supporting Students with Hearing Impairments: Tools, Technology and Key Resources
Introduction
Students with hearing disabilities face unique challenges inside the classroom....
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
404.1 General
It would not be acceptable for security personnel to operate the doors for people with disabilities while allowing others to have independent access....
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Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
Compatible (Section-by-Section Analysis)
Analysis)
Subpart D contains the minimum requirements for compatibility with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
Subpart B -- General Requirements (Preamble, Section-by-Section Analysis)
Subpart B -- General Requirements
Subpart B includes general prohibitions restricting a public accommodation from discriminating against people with disabilities by denying them the opportunity...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
Sec.36.304(d)(2)
No measure shall be taken, however, that poses a significant risk to the health or safety of individuals with disabilities or others....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
C. Why are Curb Ramps at Pedestrian Crossings Required?
This is a choice that people with disabilities should not be required to make....
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Federal Documents > Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through May 2016)
§382.83(a)(2)(iii)
(iii) You must assign a seat meeting the requirements of this section to a passenger with a disability listed in §382.81 of this part who requests the accommodation at the time the passenger...
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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
List of Subjects for 28 CFR Part 36
Subjects for 28 CFR Part 36
Administrative practice and procedure
Buildings and facilities
Business and industry
Civil rights
Individuals with disabilities...
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Federal Documents > Technical Assistance > 2016 ADA CHECKLIST FOR POLLING PLACES
Problem One (Entrance)
If the main entrance is not accessible, install a directional sign at the main entrance directing voters with disabilities to the accessible entrance....
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Federal Documents > Technical Assistance > Fact Sheet: Highlights of the Final Rule to Amend the Department of Justice's Regulation Implementing Title III of the ADA
4. Ticketing
It requires a venue operator to accommodate an individual with a disability who acquired inaccessible seating on the secondary ticket market only when there is unsold accessible seating...
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Federal Documents > Technical Assistance > Fact Sheet: Highlights of the Final Rule to Amend the Department of Justice's Regulation Implementing Title II of the ADA
4. Ticketing
It requires a venue operator to accommodate an individual with a disability who acquired inaccessible seating on the secondary ticket market only when there is unsold accessible seating...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
What are the time limits for filing charges of discrimination?
A charge of discrimination on the basis of disability must be filed with EEOC within 180 days of the alleged discriminatory act....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12117(a)
2000e-8, and 2000e-9) shall be the powers, remedies, and procedures this title provides to the Commission, to the Attorney General, or to any person alleging discrimination on the basis of disability...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12201(b) Relationship to Other Laws
and procedures of any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for the rights of individuals with disabilities...
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Federal Documents > Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through May 2016)
§382.117(e)
., psychiatrist, psychologist, licensed clinical social worker, including a medical doctor specifically treating the passenger's mental or emotional disability) stating the following:...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12112(b)(7)
(7) failing to select and administer tests concerning employment in the most effective manner to ensure that, when such test is administered to a job applicant or employee who has a disability...
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Federal Documents > Preamble to Guidelines > 36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)
Check-out Aisle Counter Height
Comments from persons with disabilities considered 38 inches to be too high.
Response....
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Additional Access Publications > National Endowment for the Arts ADA Tip Sheet
DEFINITION: MOBILITY DEVICES
definition of mobility devices has expanded to include not only traditional devices, such as wheelchairs and scooters, but any power-driven mobility devices used by a person with a mobility disability...
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Federal Documents > Technical Assistance > Accessible Play Areas - A Summary of Accessibility Guidelines for Play Areas
7. Should overhead play components such as track riders, ring ladders, monkey bars, and chin up bars be lowered to the recommended reach ranges?
possible, providing one component or element of a component at a lower height, or multiple overhead components at varied heights, would better accommodate more children, especially those with disabilities...
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Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
404.1 General
It would not be acceptable for security personnel to operate the doors for people with disabilities while allowing others to have independent access....
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State and Local Documents > Guidelines > Accessible Golf Courses - A Summary of Accessibility Guidelines for Recreation Facilities
Temporary Facilities
Facilities hosting tournaments or competitions must comply with all the other requirements of the ADA, including the general obligation to provide an equal opportunity to individuals with disabilities...
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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)
V. Other Issues
requires that public accommodations “maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities...
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Federal Documents > Regulations > 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through Aug. 2015)
§27.75(b) Existing facilities—Rest area facilities.
Rest area facilities on Interstate highways shall be made accessible to persons with a disability, including wheelchair users, within a three-year period after the effective date of this...