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 > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12162(a)(1) One car per train rule
794 of title 29 for a person who provides intercity rail transportation to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with disabilities...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12162(b)(2)(A) General rule
commuter rail transportation, and for which a solicitation is made later than 30 days after July 26, 1990, unless all such rail cars are readily accessible to and usable by individuals with disabilities...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12148(b)(1) General rule
of this title and section 794 of title 29, it shall be considered discrimination for a public entity to fail to have at least 1 vehicle per train that is accessible to individuals with disabilities...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
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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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12209(6) Enforcement of rights to public services and accommodations
Enforcement of rights to public services and accommodations
The remedies and procedures set forth in section 2000e -16 of this title shall be available to any qualified person 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)
§ 36.309(b)(1)(v)
situations, as well as such modifications, accommodations, or related aids and services provided in response to an Individualized Education Program (IEP) provided under the Individuals with Disabilities...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12101(b)(1)
(1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;
Sec. 12101 note: Findings and Purposes of ADA...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12142(a) Purchase and lease of new vehicles
for such purchase or lease is made after the 30th day following July 26, 1990, and if such bus, rail vehicle, or other vehicle is not readily accessible to and usable by individuals with disabilities...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12143(a) General rule
to fail to provide with respect to the operations of its fixed route system, in accordance with this section, paratransit and other special transportation services to individuals with disabilities...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12142(c)(2)(A) General rule
included on the National Register of Historic Places and if making a vehicle of historic character to be used solely on such segment readily accessible to and usable by individuals with disabilities...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12162(b)(1) One car per train rule
794 of title 29 for a person who provides commuter rail transportation to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with disabilities...
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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.36.504(d) Judicial consideration
relevant, whether the entity could have reasonably anticipated the need for an appropriate type of auxiliary aid needed to accommodate the unique needs of a particular individual with a disability...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
E203.1 General (Section-by-Section Analysis)
E203.1 General (Section-by-Section Analysis)
This section proposes to require agencies to ensure that all functionality of ICT is accessible to and usable by individuals with disabilities...
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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)
§ 36.504(d) Judicial consideration
relevant, whether the entity could have reasonably anticipated the need for an appropriate type of auxiliary aid needed to accommodate the unique needs of a particular individual with a disability...
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
4.1.6(2)
feasible, the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities...
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State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
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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Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture (ANPRM)
Question 11
How could medical providers time replacement or modification of equipment and furniture to ensure that individuals with disabilities receive equal access to healthcare without undue delay...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)
R212.6 Benches
Benches that provide full back support and armrests to assist in sitting and standing are more usable by pedestrians with disabilities....
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Federal Documents > Technical Assistance > ADAAG Manual
Work Areas
Recommendation: Accessible or adaptable storage facilities however may be advisable in facilitating accommodation of employees with disabilities....
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
A4.2.1(2) Space Requirements for Use of Walking Aids
Thus, the 36 in (915 mm) width provides a safety allowance both for the person with a disability and for others....
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Additional Access Publications > Accessible Health Care Briefs: CHOOSING AND NEGOTIATING AN ACCESSIBLE FACILITY LOCATION
2. a. iii. Costs
The follow [sic] is a non-exhaustive list of disability access issues that should be evaluated in choosing a new business location:
Adequate accessible parking,
Accessible...
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Assistive Technology Act of 2004
Among other things, it requires states to provide direct aid to people with disabilities to ensure they have access to the technology they need, at both home and work, and authorizes the...
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Federal Documents > Standards > Uniform Federal Accessibility Standards (UFAS)
A4.2.1(2) Space Requirements for Use of Walking Aids
Thus, the 36 in (915 mm) width provides a safety allowance both for the disabled person and for others....
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Federal Documents > Technical Assistance > The ADA: Your Employment Rights as an Individual With a Disability
What Employment Practices are Covered?
The Act also protects you if you are a victim of discrimination because of your family, business, social or other relationship or association with an individual with a disability....