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
Ticket to Work Program
The voluntary program aims to increase the financial independence of Social Security Disability Insurance and Supplemental Security Income beneficiaries ages 18 – 64 by providing improved...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE VILLAGE OF RUIDOSO, NEW MEXICO DJ # 205-49-24
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
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 VERO BEACH, FLORIDA DJ 205-18-16
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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Rulemaking Process Documents > NPRMS > 36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
List of Subjects in 36 CFR Part 1195
Health care, Individuals with disabilities, Medical devices.
Nancy Starnes,
Chair....
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Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices
C.
The third is where without the requested modification, the individual with a disability is able to fully use the entity's services, programs, or activities for their intended purpose....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.9(b)
(b) Facility alterations begun before January 26, 1992, in a good faith effort to make a facility accessible to individuals with disabilities may be used to meet the key station requirements...
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-408.1 General
DSA regulates the usability of elevators and platform (wheelchair) lifts for persons with disabilities....
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Federal Documents > Regulations > 24 CFR Part 8 Nondiscrimination on the Basis of Disability in Federally Assisted Programs and Activities - Notice: Instructions for use of alternative accessibility standard
V. Utilizing the 2010 Standards
The Department lacks the authority to allow the use of an alternative standard that would reduce accessibility or usability for individuals with disabilities in housing settings below the...
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State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
223.1.1 Alterations
In this way, people with disabilities can have access to the full-range of services provided by a medical care facility....
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
202.6.1
No measure shall be taken that poses a significant risk to the health or safety of individuals with disabilities or others....
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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
Implementation Alternatives
noted that if only a percentage of kiosks were required to be accessible, the wait time for passengers who need an accessible automated kiosk could be significantly longer than for non-disabled...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Early Actions in the House
Early Actions in the House
Compared with the Senate, where there were powerful and passionate advocates of disability in leadership positions on both sides of the aisle, Republican and...
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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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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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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...