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 > A Guide for People with Disabilities Seeking Employment
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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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
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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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 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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Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM (2008 Title III NPRM)
§ 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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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
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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Webinars, Videos, and Training > Continuing education
Defining and Delivering Disability-Competent Care - Providing Disability-Competent Primary Care
This is the fourth webinar in Webinar Series #1, "Leading Healthcare Practices and Training: Defining and Delivering Disability-Competent Care". ...
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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)
‘‘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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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 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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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)
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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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
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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Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
1. When does someone with a hearing impairment have a disability within the meaning of the ADA?
When does someone with a hearing impairment have a disability within the meaning of the ADA? ...
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Federal Documents > Technical Assistance > Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools
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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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 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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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
I. Attendants
Except under limited circumstances, you cannot require a person with a disability to be accompanied by an attendant....
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-2.4000 Substantial limitation of a major life activity
To constitute a "disability," a condition must substantially limit a major life activity....
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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
2. What Is a Reasonable Accommodation?
., providing written instructions, or breaking tasks into smaller parts), eliminating a non-essential (or marginal) job function that someone cannot perform because of a disability, and ...
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Federal Documents > Standards > 36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards)
§ 1194.3(c)
require the installation of specific accessibility-related software or the attachment of an assistive technology device at a workstation of a Federal employee who is not an individual with a disability...
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Corada Voices > General Comments or Questions
Needs Photos or Technical Info
By: Michelle Davis
This article is a good start but, really could use some photos to illustrate the text. For example, what is a faucet that is placed out of reach for persons with cognitive...
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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 1630.14(c) Examination of Employees
Section 1630.14(c) Examination of Employees
This provision permits employers to make inquiries or require medical examinations (fitness for duty exams) when there is a need to...
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Federal Documents > Technical Assistance > Expanding Your Market: Accessibility Benefits Older Adult Customers
Doors and hardware
• Minimum-weight doors with accessible hardware are easily opened by people who have arthritis or use a cane for extra balance. For heavier doors, automatic and power-assisted...
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Federal Documents > Technical Assistance > Expanding Your Market: Accessibility Benefits Older Adult Customers
Accessible route
• Clear, wide paths without stairs to the establishment’s entrance and throughout the business leave room for canes and walkers and accommodate people with reduced mobility and...
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Federal Documents > Technical Assistance > Expanding Your Market: Accessibility Benefits Older Adult Customers
Signage
• Precise directional and informational signage in high-contrast colors with clear, large type and good lighting make shopping more comfortable for people with diminished short-term...
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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)
§ 36.311(c)
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Federal Documents > Regulations > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§1630.14(c) Examination of employees
(c) Examination of employees. A covered entity may require a medical examination (and/or inquiry) of an employee that is job-related and consistent with business necessity. A covered...