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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Federal Documents > Technical Assistance > ADA Update - A Primer for State and Local Governments (Title II Primer)
Shelves, Sales and Service Counters, and Check-Out Aisles
If a facility has check-out aisles, at least one must be usable by people with mobility disabilities, though more are required in larger venues....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12101(a)(8)
(8) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities...
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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)
§35.151(c)
Design, construction, or alteration of facilities in conformance with the Uniform Federal Accessibility Standards (UFAS) (Appendix A to 41 CFR Part 101-19.6) or with the Americans with Disabilities...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM
E102.9 Worldwide Web Consortium (W3C)
Web Content Accessibility Guidelines (WCAG) 2.0 offers a series of recommendations to make web content more accessible to all users, including persons with disabilities....
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Additional Access Publications > 5 “G’s” Getting Access to Health Care for People with Physical Disabilities
5.6 File a Complaint with the Department of Justice
Your letter will be reviewed by the Disability Rights Section of the US Department of Justice....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM
C102.9 Worldwide Web Consortium (W3C)
Worldwide Web Consortium (W3C).Web Content Accessibility Guidelines (WCAG) 2.0 offers a series of recommendations to make web content more accessible to all users, including persons with disabilities...
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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 > 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...