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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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
Notes
Secondary conditions and disability. In: Field MJ, Jette AM, Martin L (eds). Workshop on disability in America. A new look. Summary and background papers....
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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
E. Paperwork Reduction Act
Specifically, section 382.43 requires carriers to provide a mechanism on their Web sites for passengers to provide online notification of their requests for disability accommodation services...
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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)
Equipment and furniture. (Section-by-Section Analysis)
Among the commenters' key concerns, many from the disability community objected to the Department's earlier decision not to issue equipment regulations, especially for medical equipment....
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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)
Section 36.209 Illegal Use of Drugs (Section-By-Section Analysis and Response to Comments)
Alcoholics are individuals with disabilities, subject to the protections of the statute....
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Federal Documents > Preamble to Guidelines > 36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines) - Preamble
T215 Communication Features
available for passengers with disabilities....
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Research and History > Committee Reports > Access for All: Five Years of Progress - A Report from the Department of Justice on Enforcement of the Americans with Disabilities Act
IV. RESOLVING ADA COMPLAINTS THROUGH MEDIATION
But discrimination continues, keeping people with disabilities out of the mainstream, limiting their opportunities, and, in many instances, leaving them feeling powerless....
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Federal Documents > Preamble to Regulations > 49 CFR Parts 27 and 37: Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices - Preamble
The Reasonable Modification NPRM
transportation entities required to provide complementary paratransit service, must make reasonable modifications to their policies and practices to avoid discrimination on the basis of disability...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND OLYMPIA ENTERTAINMENT, INC. REGARDING JOE LOUIS ARENA
I. BACKGROUND AND JURISDICTION
This matter was initiated as a result of complaints filed under title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§12181-12189, with the United States Attorney’s...
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Corada Voices > General Comments or Questions
Elevator requirement to new dining area on the mezzanine of an existing facility
By: James Terry
areas, or to all parts of existing outdoor dining areas where the same services and decor are provided in an accessible space usable by the public and not restricted to use by people with disabilities...
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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)
Section 36.303 Auxiliary Aids and Services (Section-By-Section Analysis and Response to Comments)
the "expressed choice'' of an individual with a disability....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PHILADELPHIA AND THE PHILADELPHIA POLICE DEPARTMENT
ADA OBLIGATIONS AND ACTIONS TO BE TAKEN BY THE CITY AND PPD
engage in any act or practice, directly or through contracting, licensing, or other arrangements, that has the purpose or effect of unlawfully discriminating against any person with a disability...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description Final Rule
C. Costs and Benefits
In addition to the benefits to individuals with disabilities, individuals without disabilities—who will now be able to attend, enjoy, and discuss movies with their family and friends that...
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-223.1 General
The lack of a design requirement does not mean that covered entities are not required to provide services to people with disabilities where accessible patient bedrooms or resident sleeping...
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-410.1 General
DSA regulates the usability of elevators and platform (wheelchair) lifts for persons with disabilities....
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State and Local Documents > Codes and Standards > 2025 California Standards
11B-223.1 General
The lack of a design requirement does not mean that covered entities are not required to provide services to people with disabilities where accessible patient bedrooms or resident sleeping...
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State and Local Documents > Codes and Standards > 2025 California Standards
11B-410.1 General
DSA regulates the usability of elevators and platform (wheelchair) lifts for persons with disabilities....
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State and Local Documents > Codes and Standards > 2025 California Standards
11B-226.1 General
and work benches, fume hoods, reception counters, teller windows, study carrels, commercial kitchen counters, and conference tables to accommodate the individual needs of employees with disabilities...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-1002.5 Amusement ride seats designed for transfer
additional clear floor or ground space both in front of and diagonal to the element will provide flexibility and will increase usability for a more diverse population of individuals with disabilities...
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Federal Documents > Technical Assistance > ADA Requirements - Testing Accommodations
What Are Testing Accommodations?
Testing accommodations are changes to the regular testing environment and auxiliary aids and services2 that allow individuals with disabilities to demonstrate their true aptitude or achievement...
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Federal Documents > Technical Assistance > ADA: Know Your Rights - Returning Service Members with Disabilities
Examples of effective communication are:
A pizza delivery service must accept calls through the telephone relay service from a customer who uses a TTY because of a speech disability....
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
1 Introduction
1 Introduction
The Department of Justice published its revised regulations for Titles II and III of the Americans with Disabilities Act of 1990 "ADA" in the Federal Register on September...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
8.4 Alcoholism
An alcoholic is a person with a disability under the ADA and may be entitled to consideration of accommodation, if s/he is qualified to perform the essential functions of a job....
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Federal Documents > Technical Assistance > Access to Medical Care for Individuals with Mobility Disabilities
If the patient does bring an assistant or a family member, do I talk to the patient or the companion? Should the companion remain in the room while I examine the patient and while discussing the medical problem or results?
Just because the patient has a disability does not mean that he or she cannot speak for him or herself or understand the exam results....
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Federal Documents > Technical Assistance > Resolving ADA Complaints Through Mediation: An Overview
More Information
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January 2014...