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 > 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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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)
Impacts on State and Local Governments
guidelines are adopted, with or without additions and modifications, as accessibility standards by other federal agencies in the regulations implementing Title II of the Americans with Disabilities...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Swimming pools. (Section-by-Section Analysis)
Individuals with disabilities and advocates were particularly concerned about the accessibility of pools, and noted that for many people with disabilities, swimming is one of the few types...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
6. Conclusion
Today, though ICT is now woven into the very fabric of everyday life, millions of Americans with disabilities often find themselves unable to use—or use effectively—computers, mobile devices...
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Additional Access Publications > Emergency Evacuation Preparedness: Taking Responsibility For Your Safety A Guide For People with Disabilities and Other Activity Limitations
Tips on Completing Emergency Health Information
My disability, due to a head injury, sometimes makes me appear confused or drunk. I have a psychiatric disability. In an emergency, I may become confused or overwhelmed....
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Regulatory Support Documents > Regulatory Impact Analyses > Final Regulatory Assessment and Final Regulatory Flexibility Analysis Final Rule - Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description
1.1. Purpose and Need for Rule and Scope of Regulatory Assessment
Title III of the Americans with Disabilities Act (ADA) contains broad language prohibiting public accommodations and commercial facilities—including movie theaters—from discriminating...
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
c) RecPark Program
department that works with disabled individuals to meet their individualized needs....
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
Reassignment
Example B: An employer is considering reassigning an employee with a disability to a position in which she will contract for goods and services....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN AND AMONG THE UNITED STATES OF AMERICA, [redacted], THE CITY OF HARTFORD, et al., UNDER THE ADA
I. Background
The City, the University and CI are public entities covered by title II of the Americans with Disabilities Act (“ADA”)....
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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...
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
Directions to and through the Usable Circulation Path
Because this technology is new to the market, such devices and systems are not discussed here; however, emergency evacuation personnel and people with disabilities may want to investigate...