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...
Search Results "Disability"
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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Sections 35.108(c) and 36.105(c)—Major Life Activities
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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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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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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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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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§ 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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Defining and Delivering Disability-Competent Care - What Is It And Why Is It Important?
This is the first webinar in Webinar Series #1, "Leading Healthcare Practices and Training: Defining and Delivering Disability-Competent Care". ...
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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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§ 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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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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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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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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5.5 Pre-Employment Inquiries
5.5 Pre-Employment Inquiries The ADA Prohibits Any Pre-Employment Inquiries About a Disability....
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3.2 Why Is a Reasonable Accommodation Necessary?
Many people with disabilities can perform jobs without any need for accommodations....
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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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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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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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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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Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Americans with Disabilities Act 25th Anniversary Timeline Disability & Employment: A Timeline ________________________________________________________________ Commemorating...
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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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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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§ 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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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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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...