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 > 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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Webinars, Videos, and Training > Spirit of the ADA
Why It Is Time to Make Inclusive Development Inclusive | Charlotte McClain-Nhlapo | TEDxFoggyBottom
Society often sees people with disabilities as victims, dependent, and weak....
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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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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 > DOJ/DOE Joint Publication: Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools
11. Must a student be eligible under the IDEA in order to be provided auxiliary aids and services needed to ensure effective communication under Title II? (In other words, must a student with a disability have an IEP to access effective auxiliary aids and services?)
While many students who have communication needs based on a hearing, vision, or speech disability are eligible under the IDEA and have IEPs, these are not prerequisites for receiving auxiliary...
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State and Local Documents > State Technical Assistance > CCDA Accessibility Compliance for Businesses: "Myths and Misconceptions"
16. I will never hire a disabled person, so I don’t have to comply with any accessibility requirements.
In fact, this sort of thinking undermines the essential purpose of these laws that persons with disabilities have the opportunity to participate in all facets of public life and employment...
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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...
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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 1630.2(m) Qualified Individual
Section 1630.2(m) Qualified Individual
The ADA prohibits discrimination on the basis of disability against a qualified individual....
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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)
§ 35.108(a)(2)(iii)
(iii) Where an individual is not challenging a public entity's failure to provide reasonable modifications under §35.130(b)(7), it is generally unnecessary to proceed under the “actual disability...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
C. ADA Fundamentals
The cornerstone of Title II of the ADA is this: no qualified person with a disability may be excluded from participating in, or denied the benefits of, the programs, services, and activities...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Specific Exclusions
Specific Exclusions
A person who currently illegally uses drugs is not protected by the ADA , as an "individual with a disability", when an employer acts on the basis of such use....
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Student Evaluations and Placement Under Section 504
.44 When a school is aware of a student’s disability, or has reason to suspect a student has a disability, and the student needs or is believed to need special education or related services...
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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)
§ 36.105(b)(2) Physical or mental impairment includes
as the following: Orthopedic, visual, speech and hearing impairments, and cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability...
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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)
§ 35.108(b)(2) Physical or mental impairment includes
the following: orthopedic, visual, speech, and hearing impairments, and cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
If Carrier Contends That Attendant Is Required for Safety Reasons and Passenger Disagrees
If your decision is contrary to the self-assessment of the passenger with a disability, then the carrier must not charge for the transportation of the attendant....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Make a Reasonable Effort to Accommodate, Even Without Advance Notice
Make a Reasonable Effort to Accommodate, Even Without Advance Notice
In addition, even if a passenger with a disability does not meet the advance notice or check-in requirement, you must...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
E. Attendants
You should know that it is generally not appropriate to require a passenger with a disability to be accompanied by a personal care attendant....
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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)
§ 35.149 Discrimination prohibited.
Except as otherwise provided in § 35.150, no qualified individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities...
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Federal Documents > Technical Assistance > DOJ/DOE Joint Publication: Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools
Introduction
Three Federal laws – the Individuals with Disabilities Education Act (IDEA),1 Title II of the Americans with Disabilities Act of 1990 (ADA) (Title II),2 and Section 504 of the Rehabilitation...
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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)
§35.149 Discrimination prohibited.
Except as otherwise provided in §35.150, no qualified individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities...
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Presidential Task Force on Employment of Adults with Disabilities
Presidential Task Force on Employment of Adults with Disabilities
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3/18/1998
Through Executive Order 13078, President...