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 > 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)
Species limitations. (Section-by-Section Analysis)
of these commenters asserted that limiting the number of allowable species would help stop erosion of the public's trust, which has resulted in reduced access for many individuals with disabilities...
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Federal Documents > Technical Assistance > Questions and Answers: The ADA and Persons with HIV/AIDS
Resources
on how to file ADA complaints: 800-669-4000 (Voice); 800-669-6820 (TTY); www.eeoc.gov
The Job Accommodation Network (JAN) provides information and advice to employers and people with disabilities...
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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
8.2 Expanding Medical Equipment Covered
Access Board’s MDE initiative will work hand-in-hand with the existing requirements under the Americans with Disabilities Act and the Rehabilitation Act of 1973, which already require health...
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Federal Documents > Preamble to Regulations > 14 CFR Parts 382 and 399; 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Air Travel: Accessibility of Web Sites and Automated Kiosks at U.S. Airports - Preamble
SUPPLEMENTARY INFORMATION:
) to require U.S. air carriers and foreign air carriers to make their Web sites that market air transportation to the general public in the United States accessible to individuals with disabilities...
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Federal Documents > Technical Assistance > DOJ/DOE Joint Publication: Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools
16. Is the IDEA evaluation process different than the analysis used when considering an individual’s request for a particular auxiliary aid or service under Title II?
Under the IDEA, each school district must conduct a full and individual initial evaluation before the initial provision of special education and related services to a child with a disability...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Safe harbor.
Under title II, program accessibility requires that state and local government agencies provide individuals with disabilities with access to their programs when "viewed in their entirety...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
3. Relationship between Functional Performance Criteria and Technical Provisions
Commenters objected to this approach, citing the concern that ICT procurements satisfying only the technical requirements would not necessarily ensure sufficient access to individuals with disabilities...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
7. Definition and Coverage of Technology with “Closed Functionality”
We proposed permitting ICT to have closed functionality; however, such ICT still would need to be accessible to and usable by individuals with disabilities without assistive technology....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
1. Rationale for Incorporation by Reference
See Nondiscrimination on the Basis of Disability in Air Travel, 78 FR 67882 (Nov. 12, 2013)....
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State and Local Documents > Guidelines > Accessibility Guidebook for Outdoor Recreation and Trails
Legal Requirements
Section 504 requires that these programs and activities provide an equal opportunity for individuals with disabilities to participate in an integrated setting, as independently as possible...
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Research and History > Research Documents > National Trail Surfaces Study
Abstract
Abstract
Trails provide opportunities for people to connect with the natural environment in a variety of settings and are places for all individuals, including people with disabilities...
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Legal Documents > VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE TOWN OF LEWISBORO, NEW YORK
D. STRUCTURAL MODIFICATIONS
Lewisboro's programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with disabilities...
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Federal Documents > Preamble to Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)
Other International Law Issues
The two ICAO standards in Annex 9 related to transportation of passengers with disabilities are the following:
Standard 8.27....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND LEARNING CARE GROUP, INC., UNDER TITLE III OF THE ADA
Actions to Be Taken by LCG
with disabilities, including children with diabetes, and (ii) LCG child care centers will make reasonable modifications for children with disabilities, including, but not limited to children...
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Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
(2) Transfer Surface Location for Diagnostic Equipment Used in the Seated Position
The American Dental Association urge[d] the Access Board to refrain from proposing costly new requirements based on examination chairs that are only ‘moderately difficult’ for disabled patients...
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Federal Documents > Technical Assistance > ADA Guide for Small Towns
4. Effective Communication
Towns must take appropriate steps to ensure that communications with members of the public, job applicants, and participants with disabilities are as effective as communications with others...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ATLANTIS EVENTS, INC. UNDER THE AMERICANS WITH DISABILITIES ACT
I. BACKGROUND
The complainants in this matter are deaf, and are individuals with disabilities within the meaning of 42 U.S.C. § 12102(1)(A) and its implementing regulation 28 C.F.R. Part 36....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND PALACE SPORTS AND ENTERTAINMENT, LLC, REGARDING THE PALACE OF AUBURN HILLS
I. BACKGROUND AND JURISDICTION
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...
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Research and History > Research Documents > Anthropometry of Wheeled Mobility Project: Final Report
Appendix Three: Bibliography
International Journal of Industrial Ergonomics Special Issue on Anthropometry and Disability 33(3): 181‒190.
Feathers, D. (2005)....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
E102.9 W3C (Section-by-Section Analysis)
WCAG 2.0 offers a series of recommendations to make Web content more accessible to all users, including persons with disabilities....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Special Situations
However, it could not discriminate in employment on the basis of disability against members of its religion.
The legislative branch of the U.S....
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Federal Documents > Technical Assistance > Revised ADA Requirements: Accessible Pools Means of Entry and Exit
For More Information
For persons with disabilities, this publication is available in alternate formats.
Duplication of this document is encouraged....
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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)
Door and Signal Timing
This provision helps ensure that elevator doors remain open long enough for persons with disabilities to travel from call buttons to the responding car and is based on a travel speed of...
