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 > 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....
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Federal Documents > Technical Assistance > Questions & Answers: Supplement to the 2013 DOJ/DOT Joint Technical Assistance on the Title II of the ADA Requirements To Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing
Q13: Specific Requirements for Road Alteration Projects by Public Entities that Receive Federal Financial Assistance
DOT’s Section 504 disability nondiscrimination regulations are found at 49 CFR Part 27. These regulations implement Section 504 of the Rehabilitation Act of 1973 (Section 504)....
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description Final Rule
A. Prior to 2010
of Proposed Rulemaking in June 2008, 73 FR 34508 (June 17, 2008) (2008 NPRM), proposing comprehensive updates to the title III regulation relating to nondiscrimination on the basis of disability...
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Federal Documents > Technical Assistance > The ADA and City Governments: Common Problems
Issue: Curb Ramps
Common Problem:
City governments often do not provide necessary curb ramps to ensure that people with disabilities can travel throughout the city in a safe and convenient manner....
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
‘‘Facility.’’ (Preamble, Section-by-Section Analysis)
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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Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
F240.2.1 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 > Regulations > 36 CFR Part 1191 ADA and ABA Accessibility Guidelines for Emergency Transportable Housing Units
2. Executive Summary
Executive Summary
The ADA prohibits discrimination on the basis of disability.5 The ADA requires facilities constructed or altered by state and local governments, and public accommodations...
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State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
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 > 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
Inputs
The Trace Center observed that gestures can work well for people who are technically savvy but are not easy to use for many people with disabilities—especially those with manual dexterity...
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Legal Documents > Reynoldson, Pixley, Whedbee v. City of Seattle - Class Action Complaint Regarding the Pedestrian Right of Way
SECOND CAUSE OF ACTION
Section 504 of the Rehabilitation Act of 1973 provides in pertinent part: "[N]o otherwise qualified individual with a disability . . . shall, solely by reason of her or his disability, be...
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Federal Documents > Technical Assistance > Questions and Answers: Accessibility Requirements for Existing Swimming Pools at Hotels and Other Public Accommodations
2. What does the ADA require for accessibility of pools?
Title III of the ADA prohibits discrimination on the basis of disability by places of public accommodation, including many private businesses....
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§35.131(a) (Section-by-Section Analysis)
Alcohol is not a controlled substance, so use of alcohol is not addressed by §35.131 (although alcoholics are individuals with disabilities, subject to the protections of the statute)....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND EDX INC. UNDER THE AMERICANS WITH DISABILITIES ACT
BACKGROUND
The United States initiated a compliance review under Title III of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181-12189, to determine whether individuals with disabilities...
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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)....