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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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Workforce Investment Act of 1998
It has a number of disability-related provisions....
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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
Signatures
KNIGHT, Trial Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF DEKALB, ILLINOIS
Employee for ADA Compliance
The designated employee(s) or consultant shall be knowledgeable about or receive training on the ADA, shall serve as the primary contact(s) on disability-related issues and concerns raised...
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Research and History > Research Documents > Accessible Exterior Surfaces Technical Article
Which surfaces are accessible to everyone?
Participants in this study were recruited to represent a variety of disabilities. They completed standard tests of fitness to ensure that a variety of ability levels was represented....
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Research and History > Research Documents > Exhibit Design Relating to Low Vision and Blindness Summary Report: Research on Effective Use of Tactile Exhibits with Touch Activated Audio Description for the Blind and Low Vision Audience
The Project
Activated Audio Description for Aquariums,” known as the “Talking Tactile Fish Project” for short, was a three-year Field Initiated Development Grant funded by the National Institute for Disability...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF FALLON, NEVADA
Employee for ADA Compliance
The designated employee(s) or consultant shall be knowledgeable about or receive training on the ADA, shall serve as the primary contact(s) on disability-related issues and concerns raised...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF THE ISLE OF PALMS, SOUTH CAROLINA DJ 205-67-11
Press Release
The United States Department of Justice is referred to as the “United States” or “Department”; the City of Isle of Palms as “City”; and the Americans with Disabilities Act of 1990, as amended...
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Research and History > Research Documents > Characteristics of Emerging Road and Trail Users and Their Safety
Adult Tricycles
Adult Tricycles
Adult tricycles are primarily used by older adults but may also be used by individuals with disabilities that affect balance or coordination, but who maintain the ability...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF VERO BEACH, FLORIDA DJ 205-18-16
Press Release
The United States Department of Justice is referred to as the “United States” or “Department”; the City of Vero Beach as “City”; and the Americans with Disabilities Act of 1990, as amended...
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Federal Documents > Preamble to Guidelines > 36 CFR Part 1191 ABA Accessibility Guidelines, Outdoor Developed Areas - Preamble
1017.7.1 Maximum Running Slope and Segment Length
Gradual running slopes are more useable by individuals with disabilities. Where the terrain results in steeper running slopes, resting intervals are required more frequently....
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)
Private entity (Section-By-Section Analysis and Response to Comments)
The explicit inclusion of individuals under the definition of private entity is consistent with section 302(a) of the ADA, which broadly prohibits discrimination on the basis of disability...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-408.1 General
DSA regulates the usability of elevators and platform (wheelchair) lifts for persons with disabilities....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
Chapter 2 Addendum: Title II Checklist (ADA Coordinator, Notice & Grievance Procedure)
Does the state or local government use the Department of Justice’s model “Notice Under the Americans with Disabilities Act” or a similarly comprehensive notice?
...
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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
Mobile Web Sites, Mobile Apps, and Other Electronic Communication Technology
They urged the Department to require carriers to ensure that their apps are compatible with the built-in or external assistive technologies that individuals with disabilities use....
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Federal Documents > Preamble to Regulations > 49 CFR Parts 27 and 37: Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices - Preamble
Comments to the NPRM
The comments were polarized, with almost all disability community commenters favoring the proposal and almost all transit industry commenters opposing it....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND HARRIS COUNTY, TEXAS
A. Accessible Voting Program
Harris County shall not exclude qualified individuals with disabilities from participation in or deny them the benefits of its voting program, or subject them to discrimination, on...
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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)
Section 35.150(b)(2) Safe harbor (Section-by-Section Analysis)
Section 35.150(b)(2) Safe harbor (Section-by-Section Analysis)
The ‘‘program accessibility'' requirement in regulations implementing title II of the Americans with Disabilities Act requires...
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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)
"Auxiliary Aids and Services" (Section-by-Section Analysis)
See Department of Justice, The Americans with Disabilities Act, Title II Technical Assistance Manual Covering State and Local Government Programs and Services (1993), available at http:/...
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Webinars, Videos, and Training > Product Demonstration or Information
Aqua Creek Products Mobi Chair Floating Beach Wheelchair
Video conveys how the Aqua Creek Products Mobi Chair Floating Beach Wheelchair has enabled an man with a disability the opportunity to once again enjoy being at the beach and going in the...
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Webinars, Videos, and Training > Spirit of the ADA
Healthcare Stories - Ruth Kahn
Requires the Registered User plan or above.
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Section 35.151(b)(4)(ii)(C) Path of travel--safe harbor
These commenters argued that if a public entity is already in the process of altering its facility, there should be a legal requirement that individuals with disabilities be entitled to...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description Final Rule
1. Purpose and Need for Rule and Scope of Regulatory Assessment
supra, and section 1.1 of the Final RA, public accommodations that own, lease, or operate movie theaters have an existing obligation to provide effective communication to persons with disabilities...
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Reach Ranges
Section 308.3.1, Exception 1, permits an obstruction that is no deeper than 10 inches between the edge of the clear floor or ground space and the element that the individual with a disability...
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Webinars, Videos, and Training > Continuing education > ADA Facilities Compliance Continuing Education Courses & Resources
Typical Day - Public Entities: (State and Local Governmental Entities)
Communication Barriers to people with Speech or Hearing Impairments (30 - 60 minutes)
Communications must be “as effective” for those with disabilities as for others....