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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Webinars, Videos, and Training > Spirit of the ADA
Service Animals for Business Owners
Service and companion animals can help people with disabilities go about their daily lives. ...
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Webinars, Videos, and Training > Spirit of the ADA
HEALTHCARE STORIES - Luise Custer and Charlie Tygiel Part 3 of 4
Requires the Registered User plan or above.
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Webinars, Videos, and Training > Product Demonstration or Information
EZCurb Ramp - Vertical Barrier Removal Instructional Video
Understanding what the ADA requirements are for door threshold height modification and the products that are available for building and disability access code compliance....
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Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.6 Contractual or Other Arrangements
Accordingly, it would be a violation for an employer to participate in a contractual relationship that results in discrimination against the employer's employees with disabilities in hiring...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
Structural Impracticability (Preamble, Section-by-Section Analysis)
If it is structurally impracticable for a facility in its entirety to be readily accessible to and usable by people with disabilities, then those portions that can be made accessible should...
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
b) Uniform Physical Access Strategy or UPhAS
performed by Hopper and Gilda Puente Peters, another access consultant retained by the City, the capital plans of various City departments such as Library and Rec Park, and outreach to the disabled...
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Rulemaking Process Documents > Committee Activity and Reports > Recommendations on Standards for the Design of Medical Diagnostic Equipment for Adults with Disabilities, Advisory Committee Final Report
8.4 Improving Data Sources and Research
These experienced practitioners offer valuable perspectives, but they may not produce results that generalize broadly to the entire population of persons with disabilities....
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Additional Access Publications > Proceedings of: Workshop on Improving Building Design for Persons with Low Vision
Official Definitions
In the United States, blindness is defined as part of the Social Security Act for purposes of defining disability for disability benefits (slide 5)....
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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)
Structural Impracticability (Section-By-Section Analysis and Response to Comments)
If it is structurally impracticable for a facility in its entirety to be readily accessible to and usable by people with disabilities, then those portions that can be made accessible should...
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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)
Providing minimal protection. (Section-by-Section Analysis)
III regulation included language stating that ‘‘minimal protection'' was a task that could be performed by an individually trained service animal for the benefit of an individual with a disability...
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Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
10. Prescription Drug Container Labels
The law directs the National Council on Disability (NCD) to conduct an informational and educational campaign in cooperation with the stakeholder working group to inform the public, including...
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Federal Documents > Technical Assistance > Solutions for Five Common ADA Access Problems at Polling Places
Parking
All of these barriers can prevent voters with disabilities from reaching the polling place....
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Federal Documents > Technical Assistance > Accessibility of State and Local Government Websites to People with Disabilities
Voluntary Action Plan for Accessible Websites
Establish procedures to assure a quick response to users with disabilities who are trying to obtain information or services in this way....
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Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
examination chairs, weight scales, mammography equipment, and other imaging equipment used by health care providers for diagnostic purposes are accessible to, and usable by, individuals with disabilities...
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State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
10. Prescription Drug Container Labels
The law directs the National Council on Disability (NCD) to conduct an informational and educational campaign in cooperation with the stakeholder working group to inform the public, including...
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Legal Documents > ACCESS NOW, INC. v. AMBULATORY SURGERY CENTER GROUP, LTD.
IV. CONCLUSION
Breen, Special Legal Counsel
Disability Rights Section
______________________________
Alyse S. Bass
Margaret L....
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
k) Self-Evaluation/Transition Plan
Section 11135 provides, in pertinent part, that:
No person in the State of California shall, on the basis of . . . disability, be unlawfully denied full and equal access to the benefits...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
18. Does an employer have to hold open an employee's job as a reasonable accommodation?
An employee with a disability who is granted leave as a reasonable accommodation is entitled to return to his/her same position unless the employer demonstrates that holding open the position...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
The Roles of the Access Board and the Department of Justice
The Board consists of thirteen public members appointed by the President, of whom the majority must be individuals with disabilities, and the heads of twelve federal departments and agencies...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Undue Burden
alteration or such burdens, the public entity must take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities...
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
502.6.1
jurisdiction for other spaces and prominently outlined with blue paint, and must be repainted when necessary, to be clearly distinguishable as a parking space designated for persons who have disabilities...
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Federal Documents > Technical Assistance > ADA Requirements - Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices
Assessment Factors
It is important to understand that these assessment factors relate to an entire class of device type, not to how a person with a disability might operate the device....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
COMMERCIAL FACILITIES
intercity passenger rail cars (including coaches, dining cars, sleeping cars, lounge cars and food service cars), any other railroad cars described in Section 242 of the Americans With Disabilities...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
1.1.2 Purpose
establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities...