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 > 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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Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities and Public Accommodations (ANPRM)
B. Legal foundation for Web accessibility
Many websites of public accommodations and governmental entities, however, render use by individuals with disabilities difficult or impossible due to barriers posed by websites designed...
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
Title II Public Entity Facilities Compliance Fact Sheet
General Rule:
No qualified individual with a disability shall be discriminated against or excluded from participation in or the benefits of the services, programs, or activities of a...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
Chapter 3 Addendum: Title II Checklist (General Effective Communication)
a copy of any training materials used in training government employees about providing effective communication to members of the general public whose disabilities affect communication....
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Federal Documents > Preamble to Guidelines > 36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)
203.9 Employee Work Areas
Provisions for employee work areas in 203.9 require that accessible routes and accessible means of egress connect with employee work areas so that persons with disabilities can approach,...
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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
5. Conforming Alternate Versions
as to those without 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)
Captioning at sporting venues. (Section-by-Section Analysis)
Most disability advocacy organizations and individuals with disabilities complained that using size or seating capacity as a threshold for captioning safety and emergency information would...
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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)
Captioning at sporting venues. (Section-by-Section Analysis)
Most disability advocacy organizations and individuals with disabilities complained that using size or seating capacity as a threshold for captioning safety and emergency information would...
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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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Links > State Department or Agency
State of California Department of Developmental Services - Feeling Safe, Being Safe
State of California
Department of Developmental Services
Feeling Safe, Being Safe
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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....