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 > SCOTT JOHNSON v. STARBUCKS CORPORATION - AMICUS BRIEF
B. Question 2: Section 904.4.1 and Clear Counter Space
904.4.1’s exception expressly recognizes that a sales or service counter that is less than 36 inches long can satisfy Title III’s mandate to provide ready access and use to individuals 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)
Facility (Section-By-Section Analysis and Response to Comments)
For example, a covered entity could not discriminate on the basis of disability in the full and equal enjoyment of the facilities (Sec.36.201)....
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-240.2.1 Ground level play components
Ground level play components accessed by children with disabilities must be integrated into the play area....
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-240.2.1 Ground level play components
Ground level play components accessed by children with disabilities must be integrated into the play area....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
Chapter 3 Addendum: Title II Checklist (General Effective Communication)
a copy of any training materials used in training government employees about providing effective communication to members of the general public whose disabilities affect communication....
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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)
203.9 Employee Work Areas
Provisions for employee work areas in 203.9 require that accessible routes and accessible means of egress connect with employee work areas so that persons with disabilities can approach,...
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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
5. Conforming Alternate Versions
as to those without 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)
Captioning at sporting venues. (Section-by-Section Analysis)
Most disability advocacy organizations and individuals with disabilities complained that using size or seating capacity as a threshold for captioning safety and emergency information would...
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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)
Captioning at sporting venues. (Section-by-Section Analysis)
Most disability advocacy organizations and individuals with disabilities complained that using size or seating capacity as a threshold for captioning safety and emergency information would...
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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)
B. Legal foundation for Web accessibility
Many websites of public accommodations and governmental entities, however, render use by individuals with disabilities difficult or impossible due to barriers posed by websites designed...
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
Title II Public Entity Facilities Compliance Fact Sheet
General Rule:
No qualified individual with a disability shall be discriminated against or excluded from participation in or the benefits of the services, programs, or activities of a...
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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)
§382.151(c)(1)
(1) In any situation in which any person complains or raises a concern with your personnel about discrimination, accommodations, or services with respect to passengers with a disability,...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1. Significant risk of substantial harm
Significant risk of substantial harm
An employer cannot deny an employment opportunity to an individual with a disability merely because of a slightly increased risk....
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Title III Highlights
VIII. Existing Facilities: Alternatives to Barrier Removal
Extra charges may not be imposed on individuals with disabilities to cover the costs of measures used as alternatives to barrier removal....
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Federal Documents > Technical Assistance > ADA Requirements - Testing Accommodations
Overview
Overview
This publication provides technical assistance on testing accommodations for individuals with disabilities who take standardized exams and other high-stakes tests....
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Federal Documents > Technical Assistance > ADA Requirements - Testing Accommodations
For More Information
(Eastern Time)
Model Testing Accommodation Practices Resulting From Recent Litigation: http://www.ada.gov/lsac_best_practices_report.docx
For persons with disabilities, this...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
9.7 Does Filing a Workers' Compensation Claim Prevent an Injured Worker from Filing a Charge Under the ADA?
However, these clauses do not prohibit a qualified individual with a disability from filing a discrimination charge with EEOC, or filing a suit under the ADA, if issued a "right to sue"...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
1.9.1.1 Application
Publicly funded buildings, structures, sidewalks, curbs and related facilities shall be accessible to and usable by persons with disabilities as follows:
Advisory 1.9.1.1 Application...
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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)
§382.27(b)
(b) You may require a passenger with a disability to provide up to 72 hours' advance notice and check in one hour before the check-in time for the general public to receive carrier-supplied...
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Federal Documents > Technical Assistance > Revised ADA Requirements: Effective and Compliance Date
For more information about the ADA
For persons with disabilities, this publication is available in alternate formats.
Duplication of this document is encouraged. February 2011...
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State and Local Documents > Guidelines > Accessible Swimming Pools, Wading Pools and Spas - A Summary of Accessibility Guidelines for Recreation Facilities
Handrails
The 20- to 24-inch width for the accessible pool stairs is intended to provide support for individuals with disabilities who are ambulatory....
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Legal Documents > WILLITS, et al v. CITY OF LOS ANGELES - Settlement Terms
Class Notice
Class Counsel shall also provide notice of the Settlement Agreement to ten organizations that serve the interest of disabled persons residing in the City and establish a website where a...
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Federal Documents > Preamble to Regulations > 28 CFR Part 35, Appendix B: 1991 ADA Title II Regulations Preamble and Section-by-Section Analysis
§35.106 Notice
The preamble to that section gives guidance on how to effectively communicate with individuals with disabilities....
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Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
F206.8 Security Barriers
The accessible route shall permit persons with disabilities passing around security barriers to maintain visual contact with their personal items to the same extent provided others passing...