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 > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND OLYMPIA ENTERTAINMENT, INC. REGARDING JOE LOUIS ARENA
D. Assisted Listening Devices:
, 2014, Olympia shall provide no less than forty-nine (49) fully functional receivers for assisted listening systems (“Assisted Listening Devices”) available for patrons with a hearing disability...
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Federal Documents > Regulations > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§1630.10(b) Qualification standards and tests related to uncorrected vision
An individual challenging a covered entity's application of a qualification standard, test, or other criterion based on uncorrected vision need not be a person with a disability, but must...
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Legal Documents > United States of America v. Humboldt County, California - Consent Decree
Attachment B
my knowledge, information, and belief that the following element identified below is in compliance with the physical accessibility requirements of the Agreement and the Americans with Disabilities...
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Federal Documents > Technical Assistance > Statement of the Department of Justice on Application of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. to State and Local Governments’ Employment Service Systems for Individuals with Disabilities
Additional Resources
Information regarding disability employment-related policies and practices can be found at: www.dol.gov/odep/
Questions regarding the use of Medicaid funding for supported employment...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
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 > Technical Assistance > Title II Technical Assistance Manual
II-7.2000 Telephone communications
Public entities that communicate by telephone must provide equally effective communication to individuals with disabilities, including hearing and speech impairments....
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-6.4000 Leased buildings
Thus, the more accessible the space is to begin with, the easier and less costly it will be later on to make programs available to individuals with disabilities and to provide reasonable...
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State and Local Documents > Codes and Standards > 2019 California Standards
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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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-202.3 Alterations
Risk is minimized when there is clear evidence that proactive measures have been taken to enable individuals with varying types of disabilities to acquire goods and services independently...
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Federal Documents > Technical Assistance > Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
2.5 Physical Accessibility.
The airport was required to provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate...
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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
Executive Summary
(HDR), in support of the Department’s final rule entitled, ”Nondiscrimination on the Basis of Disability by Public Accommodations—Movie Theaters; Movie Captioning and Audio Description.”...
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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)
Conflict of Law Waivers and Equivalent Alternative Determinations
These conflicts, commenters said, would lead to confusion and reduce efficiency in service to passengers with disabilities....
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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
Request for Clarification and Extension of Comment Period
who are excluded from using the agents' inaccessible Web sites solely due to their disabilities....
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Federal Documents > Standards > 2010 ADA Standards
Restaurants and Cafeterias: ADA Standard Section 206.2.5
Section 206.2.5 covers scoping requirements in the most current ADA Standards for accessible routes in restaurants and cafeterias
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Federal Documents > Standards > 2010 ADA Standards
Outdoor Developed Areas: ADA Standard Section 9.
Review the updated information on the revisions to the ADA Standards regarding outdoor developed areas.
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Federal Documents > Standards > 2010 ADA Standards
General Holding Cells and General Housing Cells: ADA Standard Section 232.2
Section 232.2 covers scoping requirements in the current ADA Standards for general holding cells and general housing cells.
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Federal Documents > Standards > 2010 ADA Standards
Shared Use Paths: ADA Standard Section 2.
website:
“Shared use paths provide a means of off-road transportation and recreation for various users, including pedestrians, bicyclists, skaters, and others, including people with disabilities...
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-609.3 Spacing
Many disabled people rely heavily upon grab bars to maintain balance and prevent serious falls....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
Stages.
The proposed requirement to provide direct access to stages represents an effort to ensure that individuals with disabilities are able to participate in programs in an integrated setting...
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
2. New Construction and Alterations
has required that all projects involving new construction or alterations of a building funded, in whole or in part, by the City, undergo review by City staff to ensure compliance with disability...
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Rulemaking Process Documents > NPRMS > 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description (NPRM)
1. Rulemaking History Prior to the 2010 ANPRM
Rulemaking (2004 ANPRM) to begin the process of updating the 1991 title II and title III regulations to adopt revised ADA Standards based on the relevant parts of the 2004 Americans with 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)
Providing minimal protection. (Section-by-Section Analysis)
III regulation included language stating that ‘‘minimal protection'' was a task that could be performed by an individually trained service animal for the benefit of an individual with a disability...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICAN AND THE CITY OF WAUKEGAN, ILLINOIS UNDER THE AMERICANS WITH DISABILITIES ACT
Attachment H
On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 1 standard space designated as reserved for people with disabilities. ...
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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)
Substitute cells. (Section-by-Section Analysis)
In the ANPRM, the Department sought public comment about the most effective means to ensure that existing correctional facilities are made accessible to prisoners with disabilities and presented...