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 > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
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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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
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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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
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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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)
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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Rulemaking Process Documents > NPRMS > 36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
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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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
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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Federal Documents > Preamble to Regulations > 49 CFR Parts 27 and 37: Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices - Preamble
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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Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
Section 1193.2 Scoping (Section-by-Section Analysis)
Suppose a person with a disability wants the features on product A, but product B has the accessibility features....
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Legal Documents > United States of America v. Washington Hospital Center - Settlement Agreement
IV. ACCESSIBLE MEDICAL EQUIPMENT
For purposes of this Agreement, accessible equipment means equipment that is accessible to and usable by persons with disabilities.
2. Accessible Equipment Requiring Transfer....
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Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments
Section 37.42
Individuals with disabilities, including individuals who use wheelchairs, must have access to all accessible cars in each train using a new or altered station....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Section 37.42 Service in an integrated setting to passengers at intercity, commuter, and high-speed rail station platforms constructed or altered after February 1, 2012
Individuals with disabilities, including individuals who use wheelchairs, must have access to all accessible cars in each train using a new or altered station....
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Federal Documents > Standards > 2010 ADA Standards
Medical Diagnostic Equipment: ADA Standard Section 5.
Review the updated information on the revisions to the ADA Standards regarding medical diagnostic equipment.
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Federal Documents > Standards > 2010 ADA Standards
Size: ADA Standard Section 604.8.1.1
Section 604.8.1.1 covers the current ADA Standards for the size of wheelchair accessible compartments.
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-226.1 General
and work benches, fume hoods, reception counters, teller windows, study carrels, commercial kitchen counters, and conference tables to accommodate the individual needs of employees with disabilities...
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-215.1 General
Consult local fire departments and prepare evacuation plans taking into consideration the needs of every building occupant, including people with disabilities. ◼
ETA Editor’s Note...
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State and Local Documents > Codes and Standards > 2025 California Standards
11B-215.1 General
Consult local fire departments and prepare evacuation plans taking into consideration the needs of every building occupant, including people with disabilities. ◼
ETA Editor’s Note...
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Federal Documents > Preamble to Regulations > 49 CFR Parts 37 and 38 -- Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments, Preamble
DOT Response
Commenters' arguments that the ADA permits service to passengers with disabilities to be limited to a single car are not persuasive....
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Senate Hearings and the Quest for Bipartisanship
As in 1988, persons with disabilities presented powerful testimony about the need for the ADA by describing their personal experiences....
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Webinars, Videos, and Training > Research
Human Engineering Research Laboratories (HERL) PneuMobility
These novel mobility devices run entirely on compressed air - learn how this can help Veterans and all with disabilities...
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Federal Documents > Technical Assistance > Revised ADA Requirements: Accessible Pools Means of Entry and Exit
Title II Program Accessibility
Title II Program Accessibility
Individuals with disabilities cannot be excluded from or denied participation in State and local government programs, services, or activities because a...
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
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 > 2013 California Standards for Accessible Design Pocket Guide
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 > Title I Technical Assistance Manual
Other Cost Issues
If an employer finds that the cost of an accommodation would impose an undue hardship and no funding is available from another source, an applicant or employee with a disability should be...
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Federal Documents > Technical Assistance > ADA Guide for Small Businesses
Architectural Barriers
Architectural Barriers
Architectural barriers are physical features that limit or prevent people with disabilities from obtaining the goods or services that are offered....