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 > 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....
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State and Local Documents > Codes and Standards > 2025 California Standards
11B-609.3 Spacing
Many disabled people rely heavily upon grab bars to maintain balance and prevent serious falls....
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Slope
The suggested changes would double the allowable cross slope and create a significant impediment for many wheelchair users and others with a mobility disability....
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Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
17. What should employers do to prevent and correct harassment?
Employers should make clear that they will not tolerate harassment based on disability or on any other basis....
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Federal Documents > Technical Assistance > ADA Requirements - Effective Communication
Companions
The rules refer to such people as “companions” and require covered entities to provide effective communication for companions who have communication disabilities....
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Federal Documents > Technical Assistance > ADA/Section 504 Design Guide - Accessible Cells in Correction Facilities
Appropriate clear floor space
Inmates with a mobility disability should be able to use, and move without obstruction among, the easily accessible features of their cells....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Individuals Specifically not Protected by the ADA
states that certain individuals are not protected by its provisions:
Persons who currently use drugs illegally
Individuals who currently use drugs illegally are not individuals with disabilities...
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Federal Documents > Technical Assistance > Expanding Your Market: Accessibility Benefits Older Adult Customers
End Note
It makes good business sense to comply with the ADA and welcome the expanding market of older adults and people with disabilities....
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Federal Documents > Technical Assistance > Outdoor Developed Areas: A Summary of Accessibility Standards for Federal Outdoor Developed Areas
Minimum Number of Beach Access Routes [F248.2]
In high-density population areas, entities should consider providing beach access routes more frequently than the minimum of every one-half mile to prevent people with disabilities from...
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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)
Other federal rules
conduct rulemaking to adopt the proposed guidelines, with or without additions and modifications, as accessibility standards in regulations implementing Title II of the Americans with Disabilities...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
Job Restructuring
reallocating or redistributing marginal job functions that an employee is unable to perform because of a disability; and
altering when and/or how a function, essential or marginal...
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Federal Documents > Technical Assistance > The Mental Health Provider's Role in a Client's Request for a Reasonable Accommodation at Work
4. What Kind of Reasonable Accommodation Could My Client Get?
If your client has a disability, the employer is legally required to provide a reasonable accommodation that would help your client do the job....
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Can back doors and freight elevators be used to satisfy the program accessibility requirement?
Only as a last resort and only if such an arrangement provides accessibility comparable to that provided to people without disabilities, who generally use front doors and passenger elevators...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Examples of Involvement
Meet with municipal recreation department staff when a new program is being created to ensure the participation of people with disabilities....
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Federal Documents > Technical Assistance > ADA Checklist for New Lodging Facilities
II. Exterior Routes...
In order for persons with disabilities to use a facility, there must be at least one accessible route that allows persons who use wheelchairs or other mobility aids to approach, enter and...
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Federal Documents > Technical Assistance > ADA Checklist for Emergency Shelters
ADA Checklist for Emergency Shelters
Americans with Disabilities Act
ADA Checklist for Emergency Shelters
July 26, 2007
Reproduction
Reproduction of this document is encouraged....
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Additional Access Publications > ADA Checklist for Existing Facilities
What is Program Accessibility?
State and local governments must ensure that services, programs and activities, when viewed in their entirety, are accessible to people with disabilities....
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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....