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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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12188(b)(1)(A)(ii) Attorney General certification
General may, in consultation with the Architectural and Transportation Barriers Compliance Board, and after prior notice and a public hearing at which persons, including individuals 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)
§ 36.308 Seating in assembly areas.
achievable for a public accommodation to place wheelchair spaces and companion seats in each such specialty seating area, it shall provide those services or amenities to individuals 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 (1991 ADA Title II Regulations)
§35.106 Notice (Section-by-Section Analysis)
The preamble to that section gives guidance on how to effectively communicate with individuals with disabilities....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
603.3 Accommodation of Communication Needs (Section-by-Section Analysis)
This section also would require ICT support services to accommodate the communication needs of individuals with disabilities....
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
10.3.1(1)
The circulation path, including an accessible entrance and an accessible route, for persons with disabilities shall, to the maximum extent practicable, coincide with the circulation path...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)
R101.2 Effect on Existing Facilities
The Department of Justice regulations implementing Title II of the Americans with Disabilities Act contain requirements for state and local governments regarding program accessibility and...
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Federal Documents > Technical Assistance > An ADA Guide for Local Governments: Making Community Emergency Preparedness and Response Programs Accessible to People with Disabilities
CONTRACTING FOR EMERGENCY SERVICES
Review the terms of these contracts on a regular basis to ensure that they continue to meet the accessibility needs of people with disabilities....
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Federal Documents > Preamble to Guidelines > 36 CFR Part 1191 ABA Accessibility Guidelines, Outdoor Developed Areas - Preamble
Need for and Objective of Final Rule
The Architectural Barriers Act requires facilities constructed or altered by or on behalf of federal agencies to be readily accessible to and usable by individuals with disabilities....
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Works Progress Administration Protests
These and other efforts eventually generate a few thousand jobs nationwide and draw attention to the issue of employment for people with disabilities....
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Federal Documents > Technical Assistance > 24 CFR Part 8 Nondiscrimination on the Basis of Disability in Federally Assisted Programs and Activities - Notice: Instructions for use of alternative accessibility standard
Employee Work Areas—Section 203.9 of the 2010 Standards, and Similar Sections
As stated above, the Department has no authority to allow the use of an alternative standard that may reduce accessibility for individuals with disabilities without notice and comment rulemaking...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ATLANTA'S JOHN MARSHALL LAW SCHOOL UNDER THE AMERICANS WITH DISABILITIES ACT
BACKGROUND
The Attorney General conducted this investigation under the authority granted by section 308(b) of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12188(b)....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF DEKALB, ILLINOIS
Press Release
The United States Department of Justice is referred to as the “United States” or “Department”; the City of DeKalb as “City”; and the Americans with Disabilities Act of 1990, as amended,...
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Federal Documents > Regulations > 24 CFR Part 100—Discriminatory Conduct Under the Fair Housing Act (with amendments issued through Sept. 2016)
§100.201 Accessible
areas of a building containing covered multifamily dwellings, means that the public or common use areas of the building can be approached, entered, and used by individuals with physical disabilities...
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Additional Access Publications > A Guide to Planning Accessible Meetings
Orienting Attendees to the Meeting Space
To help orient attendees with vision disabilities to the meeting location, it may be useful to provide some descriptive information....
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Common ADA Errors and Omissions in New Construction and Alterations
Accessible Route - Exterior
Result:
People with disabilities cannot travel from the site entry points to the accessible entrance(s). In some cases, people must use vehicular routes which can be dangerous....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
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 > Metzler et al. v. Kaiser Foundation Health Plan, Inc. et al.
IV. ACCESSIBLE MEDICAL EQUIPMENT
California-wide") to determine what accessible medical equipment is needed and can and should be obtained for each Kaiser hospital and medical office building to ensure that people with disabilities...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
INSTRUCTIONS FOR INVESTIGATORS
., is the Charging Party qualified for the job except that, because of disability, s/he needs a reasonable accommodation to perform the position's essential functions)?...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
5. Interoperability Requirements for Assistive Technology
Assistive technology (AT) is hardware or software used to increase, maintain, or improve the functional capabilities of individuals with disabilities....
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Legal Documents > United States of America v. Humboldt County, California - Settlement Agreement
M. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES
The parts of a County facility that do not comply with the 1991 ADA Standards (or the 2010 ADA Standards, as applicable), as listed in Attachments G, H, I, and J, prevent people with disabilities...
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Federal Documents > Preamble to Guidelines > 36 CFR Part 1191 ABA Accessibility Guidelines, Outdoor Developed Areas - Preamble
3. Statutory and Regulatory Background
The Architectural Barriers Act requires facilities constructed or altered by or on behalf of federal agencies to be readily accessible to and usable by individuals with disabilities.3 See...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
Standing Supports (M304.3 and M305.3)
These kinds of adjustable supports are not required but would accommodate a broad range of patients with disabilities, particularly where a patient needs to assume multiple body positions...
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Legal Documents > United States of America v. Humboldt County, California - Consent Decree
M. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES
The parts of a County facility that do not comply with the 1991 ADA Standards (or the 2010 ADA Standards, as applicable), as listed in Attachments G, H, I, and J, prevent people with disabilities...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
603.1 General (Section-by-Section Analysis)
required to conform to the requirements concerning information on accessibility and compatibility features (603.2), as well as accommodation for the communication needs of persons with disabilities...