This matter was initiated as a result of complaints filed under title III of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§12181-12189, with the United States Attorney's...
Search Results "Disability"
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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Commonly Searched Documents
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I. BACKGROUND AND JURISDICTION
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2. Neighborhood Access
[n]ecessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities.")....
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Provisions of the Final Rule
First, the entity must make information about the process, and how to use it, readily available to the public, including individuals with disabilities....
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Section 1630.2(j)(1)(viii) Substantial Limitation in Only One Major Life Activity Required
The ADAAA explicitly states that an impairment need only substantially limit one major life activity to be considered a disability under the ADA....
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Breast Platform [M303.4.1]
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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M305.2.3 Height (Section-by-Section Analysis)
Four commenters (two manufacturers, one disability rights organization, and a state agency concerned with accessibility) supported the proposed height range....
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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
. § 517 because this litigation implicates the interpretation and application of title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12181 et seq., and its implementing...
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Introduction
The Access Board is responsible for developing accessibility guidelines for the construction and alteration of facilities covered by the Americans with Disabilities Act (ADA) of 1990 and...
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46. Can an employer claim undue hardship solely because a reasonable accommodation would require it to make changes to property owned by someone else?
s employees becomes disabled and needs to use a wheelchair....
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9. Is an employer required to provide the reasonable accommodation that the individual wants?
If more than one accommodation is effective, "the preference of the individual with a disability should be given primary consideration....
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Equipment and furniture.
Most individuals and organizations representing individuals with disabilities were in favor of adding or clarifying requirements for accessible equipment. ...
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F. Electronic and information technology
Electronic and information technology The Department believes that it is important for individuals with disabilities to have an equal opportunity to use electronic and information technology...
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Transfer Surface Size: Equipment Used by Patients in Supine, Prone, or Side-Lying Position (M301.2.2)
The 30 inches minimum width is based on comments submitted by the Disability Rights Education and Defense Fund (DREDF) regarding medical equipment dimensions in response to DOJ’s ANPRM on...
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Separate benefit (Preamble, Section-by-Section Analysis)
Separate benefit—Section 36.202(c) permits different or separate benefits or services only when necessary to provide persons with disabilities opportunities as effective as those provided...
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Section 1630.10(b)—Qualification Standards and Tests Related to Uncorrected Vision
An individual challenging a covered entity's application of a qualification standard, test, or other criterion based on uncorrected vision need not be a person with a disability....
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b) Applicability
It imposes the ongoing responsibility for owners of public accommodations to remove existing barriers for individuals with disabilities to the extent that it is readily achievable to do...
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Arriving at the Polling Place: Parking
If parking is provided for voters, accessible parking must be provided for people with disabilities....
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XIV. Technical Assistance
Grants will be awarded for projects to inform individuals with disabilities and covered entities about their rights and responsibilities under the ADA and to facilitate voluntary compliance...
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Access Aisle
Commenters questioned why the 2010 Standards would permit an accessible route used by individuals with disabilities to coincide with the path of moving vehicles....
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What constitutes discrimination?
Discrimination is the failure to give a person with a disability the equal opportunity to use or enjoy the public accommodation’s goods, services, or facilities....
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F202.3 Alterations
If providing accessibility in compliance with these requirements for people with one type of disability (e.g., people who use wheelchairs) is not feasible, accessibility must still be provided...
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1. Public Rights-of-Way
The Board’s aim in developing these guidelines is to ensure that access for persons with disabilities is provided wherever a pedestrian way is newly built or altered, and that the same degree...
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A. Accessibility of Web Information
Accordingly, the Department is withdrawing the two previously announced ANPRMs related to the accessibility of Web information and services, ‘‘Nondiscrimination on the Basis of Disability...
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Other Services and Accommodations
◼ Disabled passengers’ items stored in the cabin must conform to FAA rules on the stowage of carry-on baggage....