Specific Exclusions A person who currently illegally uses drugs is not protected by the ADA , as an "individual with a disability", when an employer acts on the basis of such use....
Search Results "Disability"
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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Specific Exclusions
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Mark Perriello on Americans with Disabilities Act Video
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Student Evaluations and Placement Under Section 504
.44 When a school is aware of a student’s disability, or has reason to suspect a student has a disability, and the student needs or is believed to need special education or related services...
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§ 36.105(b)(2) Physical or mental impairment includes
as the following: Orthopedic, visual, speech and hearing impairments, and cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability...
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§ 35.108(b)(2) Physical or mental impairment includes
the following: orthopedic, visual, speech, and hearing impairments, and cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability...
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If Carrier Contends That Attendant Is Required for Safety Reasons and Passenger Disagrees
If your decision is contrary to the self-assessment of the passenger with a disability, then the carrier must not charge for the transportation of the attendant....
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E. Attendants
You should know that it is generally not appropriate to require a passenger with a disability to be accompanied by a personal care attendant....
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Make a Reasonable Effort to Accommodate, Even Without Advance Notice
Make a Reasonable Effort to Accommodate, Even Without Advance Notice In addition, even if a passenger with a disability does not meet the advance notice or check-in requirement, you must...
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§ 35.149 Discrimination prohibited.
Except as otherwise provided in § 35.150, no qualified individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities...
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Introduction
Three Federal laws – the Individuals with Disabilities Education Act (IDEA),1 Title II of the Americans with Disabilities Act of 1990 (ADA) (Title II),2 and Section 504 of the Rehabilitation...
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§35.149 Discrimination prohibited.
Except as otherwise provided in §35.150, no qualified individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities...
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How do I request a reasonable accommodation?
You simply must let your employer know that you need an adjustment or change because of your disability....
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Safety Considerations May Necessitate an Attendant
Safety Considerations May Necessitate an Attendant In the interests of safety, however, you may require that a passenger with a disability travel with an attendant as a condition of receiving...
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§ 37.5(c)
(c) An entity shall not require an individual with a disability to use designated priority seats, if the individual does not choose to use these seats....
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§ 36.302(f)(8) Prevention of fraudulent purchase of accessible seating
A public accommodation may not require proof of disability before selling a wheelchair space. ...
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‘‘Act.’’ (Preamble, Section-by-Section Analysis)
The word ‘‘Act’’ is used in the regulation to refer to the Americans with Disabilities Act of 1990, Pub. L. 101–336, which is also referred to as the ‘‘ADA.’’...
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§ 38.97(b)
(b) Where provided, handrails or stanchions shall be sufficient to permit safe boarding, on-board circulation, seating and standing assistance, and alighting by persons with disabilities...
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II-5.1000 General
A public entity may not deny the benefits of its programs, activities, and services to individuals with disabilities because its facilities are inaccessible....
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Fraudulent purchase of designated accessible seating. (Section-by-Section Analysis)
The Department continues to believe that requiring an individual to provide proof that he or she is a person with a disability is an unnecessary and burdensome invasion of privacy and may...
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What Does It Mean to be Qualified?
Protections under the ADA are afforded to qualified individuals with disabilities. The definition of “qualified” has two forms....
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§ 38.155(b)
provided within passenger compartments, handrails or stanchions shall be sufficient to permit safe on-board circulation, seating and standing assistance, and alighting by persons with disabilities...
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Presidential Task Force on Employment of Adults with Disabilities
Presidential Task Force on Employment of Adults with Disabilities ________________________________________________________________ 3/18/1998 Through Executive Order 13078, President...
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Q13: Are the provision and implementation of a health plan developed prior to the Amendments Act sufficient to comply with the FAPE requirements as described in the Section 504 regulation?
Continuing with a health plan may not be sufficient if the student needs or is believed to need special education or related services because of his or her disability....
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I. Attendants
Except under limited circumstances, you cannot require a person with a disability to be accompanied by an attendant....