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 > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.9 Not Making Reasonable Accommodation
An individual with a disability is “otherwise qualified,” in other words, if he or she is qualified for a job, except that, because of the disability, he or she needs a reasonable accommodation...
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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
3. How can state and local governments’ employment service systems ensure that people with disabilities have access to competitive integrated employment?
A: Over the past three decades, integrated supported employment services have emerged as a leading model for enabling persons with disabilities to work in competitive integrated employment...
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
Sections 35.108(c) and 36.105(c)—Major Life Activities
Paragraph 2 of the definition of ‘‘disability’’ in the Department’s current title II and title III regulations at 28 CFR 35.104 and 36.104 states that ‘‘major life activities’’ means functions...
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
Examples of Major Life Activities—Operations of a Major Bodily Function
Examples of Major Life Activities—Operations of a Major Bodily Function
In the NPRM, the Department proposed revising the regulatory definitions of disability at §§ 35.108(c)(1)(ii) and...
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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)
May a carrier charge a maintenance or cleaning fee to passengers who travel with service animals?
However, a carrier may charge passengers with a disability if a service animal causes damage, as long as it is its regular practice to charge non-disabled passengers for similar kinds of...
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Webinars, Videos, and Training > Spirit of the ADA
Don’t tell me I can’t: disability in a modern world | Cheryl Stowe | TEDxFurmanU
After a devastating car crash left her in a wheelchair with an incomplete spinal cord injury, Cheryl Stowe tells how we can grow from our pain and be our own heroes. She even shows...
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Federal Documents > Technical Assistance > Department of Transportation Disability Law Guidance: Questions and Answers Concerning Wheelchairs and Bus and Rail Service
Can an operator refuse to carry a person with a disability, especially a person using an electric scooter that meets the definition of a “wheelchair,” because of higher insurance rates or liability concerns?
Section 37.5(g) of the DOT ADA regulations prohibits an operator from denying service to an individual with a disability because its insurance company conditions coverage or rates on the...
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Federal Documents > Technical Assistance > Questions and Answers: Transportation Services for Individuals with Disabilities
Can an operator refuse to carry a person with a disability, especially a person using an electric scooter that meets the definition of a “wheelchair,” because of higher insurance rates or liability concerns?
Section 37.5(g) of the DOT ADA regulations prohibits an operator from denying service to an individual with a disability because its insurance company conditions coverage or rates on the...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
6.2 Basic Requirements
However, to protect individuals with disabilities from actions based on such information that are not job-related and consistent with business necessity, including protection of health and...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Some Examples of Questions that May Not be Asked on Application Forms or in Job Interviews
(Pre-employment questions about illness may not be asked, because they may reveal the existence of a disability....
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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 July 2003)
§ 382.49 Security screening of passengers
(a) Qualified individuals with a disability shall undergo security screening in the same manner, and be subject to the same security requirements, as other passengers....
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Additional Access Publications > Providing Health Care for People with Disabilities: Competency Planning Checklists
Preventive Care and Health Education
We know that health, wellness, and disability can coexist and are as important to people with disabilities and to those without disabilities We do not assume that secondary conditions such...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.5(h)
(h) It is not discrimination under this part for an entity to refuse to provide service to an individual with disabilities because that individual engages in violent, seriously disruptive...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
A. Introduction
law to be enacted since the Civil Rights Act of 1964, the ADA prohibits discrimination against people with disabilities....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Only Safety Affects Seat Assignments
Only Safety Affects Seat Assignments
You must not exclude a passenger with a disability from any seat in an exit row or other location or require a passenger with a disability to sit...
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Webinars, Videos, and Training > Spirit of the ADA
At your service. A 20 minute film. Engage customers with disabilities.
The Mid-Atlantic ADA Center has partnered with Storyline Motion Pictures (filmmakers of the critically acclaimed PBS documentary Lives Worth Living, and curators of the Disability Rights...
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Federal Documents > Technical Assistance > Examples and Resources to Support Criminal Justice Entities in Compliance with Title II of the ADA
A. Training
Criminal justice personnel are likely to encounter people with mental health disabilities or I/DD who are part of the communities they serve and protect....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
5.5 Pre-Employment Inquiries
5.5 Pre-Employment Inquiries
The ADA Prohibits Any Pre-Employment Inquiries About a Disability....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
3.2 Why Is a Reasonable Accommodation Necessary?
Many people with disabilities can perform jobs without any need for accommodations....
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Webinars, Videos, and Training > Spirit of the ADA
At First Glance | Kurt Hoffman | TEDxVirginiaTech
In his talk, “At First Glance,” he will share his viewpoint on what it's like to be someone with a visible disability....
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Research and History > Research Documents > A Longitudinal Study of Playground Surfaces to Evaluate Accessibility - Final Report
I. Introduction to the Study
For children with disabilities, the playground experience is just as important as it is for children without disabilities. ...
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Federal Documents > Technical Assistance > Examples and Resources to Support Criminal Justice Entities in Compliance with Title II of the ADA
II. Systemic Considerations
It is important that criminal justice entities anticipate and prepare for the disability-related needs of people with mental health disabilities or I/DD....
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
Leave
Leave
Permitting the use of accrued paid leave, or unpaid leave, is a form of reasonable accommodation when necessitated by an employee's disability.(48) An employer does not have to...
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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)
Number Limits
A number of foreign carriers commented that being able to limit the number of passengers with disabilities on board a given flight was important for safety, particularly in the context of...