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 > 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)
Breed limitations. (Section-by-Section Analysis)
Such deference would have the effect of limiting the rights of persons with disabilities under the ADA who use certain service animals based on where they live rather than on whether the...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
A. About Appendices 1 and 2
Reviewing programs and facilities for accessibility is one of the most effective ways for state and local governments to ensure that they are complying with the Americans with Disabilities...
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Federal Documents > Preamble to Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)
B. Carrier-Supplied Oxygen
As a matter of disability law, undue burden implies that there may necessarily be some burden (a “due burden”) in accommodating someone’s disability....
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Federal Documents > Technical Assistance > The ADA and City Governments: Common Problems
Issue: Historically Significant Facilities
Common Problem:
City governments may believe that they have no duty to make changes to historically significant buildings and facilities to improve accessibility for people with disabilities...
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Federal Documents > Preamble to Guidelines > 36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)
Interactive Transaction Machines (ITMs)
Comments from disability groups and individuals with disabilities generally supported coverage of ITMs and point-of-sale machines....
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Federal Documents > Technical Assistance > Accessibility of State and Local Government Websites to People with Disabilities
Resources for Web Developers
is available at www.section508.gov, which also provides information about the Federal government’s initiative to make its electronic and information technology accessible to people with disabilities...
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Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
M302.2.3 Size (Section-by-Section Analysis)
One commenter, a manufacturer, although in agreement with the 21-inch width, stated that the 15 inches deep requirement should be increased to 17 inches, a disability advocate recommended...
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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
5.4.6 Transfer Support Gripping Surface Cross Section and Clearances for M301, M302, and M305.2
Cross Section and Clearances for M301, M302, and M305.2
Description: This provision prescribes a cross-sectional profile of the transfer support sufficient to enable individuals with disabilities...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
10. How quickly must an employer respond to a request for reasonable accommodation?
If the employer and the individual with a disability need to engage in an interactive process, this too should proceed as quickly as possible.(37) Similarly, the employer should act promptly...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
31. Must an employer provide a reassignment if it would violate a seniority system?
Generally, it will be "unreasonable" to reassign an employee with a disability if doing so would violate the rules of a seniority system.(92) This is true both for collectively bargained...
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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)
Telecommunications. (Section-by-Section Analysis)
Paragraph (d)(1) is retitled, "Telephones" and altered to address situations in which a public accommodation must provide an effective means to communicate by telephone for individuals with disabilities...
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Legal Documents > United States of America v. HRB Tax Group, Inc., H&R Block Tax Services LLC and HRB Advance LLC - Settlement Agreement
ATTACHMENT A
A
H&R BLOCK
POLICY REGARDING EFFECTIVE COMMUNICATION
FOR INDIVIDUALS WHO ARE DEAF OR HARD OF HEARING
Clients who are deaf or hard of hearing, or with other communication disabilities...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
6. Modifications to the Functional Performance Criterion for Limited Vision
Board proposed to increase the covered acuity range to 20/200 (or a field of vision less than 20 degrees)—which is a common legal definition of blindness—to afford more individuals with disabilities...
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Legal Documents > VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE TOWN OF LEWISBORO, NEW YORK
B. EFFECTIVE COMMUNICATION
Lewisboro agrees to provide qualified sign language and oral interpreters and other appropriate auxiliary aids and services, when needed for effective communication with qualified persons with disabilities...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND HARRIS COUNTY, TEXAS
C. Election Judge and Poll Worker Training
of this Agreement, and the need to follow the instructions of the EDSs regarding the implementation of temporary measures on Election Day;
Interacting with individuals with disabilities...
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Common ADA Errors and Omissions in New Construction and Alterations
Introduction
When the ADA's minimum requirements are not met, the results can limit or exclude a person with a disability and can be dangerous....
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
Breed limitations. (Section-by-Section Analysis)
Such deference would have the effect of limiting the rights of persons with disabilities under the ADA who use certain service animals based on where they live rather than on whether the...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-206.4.1 Entrances and exterior ground floor exits
In an emergency situation much time can be wasted if persons with disabilities must travel the full distance to the inaccessible exit door before there is a sign posted indicating that the...
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-228.3.2.1 Public use or common use EVCS
addressed by 2010 ADA Standards, although a case could be made, based on the general obligation for governments to make their services, programs or activities available to individuals with disabilities...
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-206.4.1 Entrances and exterior ground floor exits
In an emergency situation much time can be wasted if persons with disabilities must travel the full distance to the inaccessible exit door before there is a sign posted indicating that the...
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Products and Additional Resources > Products
TownSteel ED1300 Grade 1 Concealed Vertical Rod Panic Device
CODE COMPLIANCE
ANSI/BHMA
A156.3-2008 Grade 1 Certified
UL
UL 305 panic hardware listed
BAA
Meets requirements of the Buy American Act
ADA
Meets guidelines of the Americans with Disabilities...
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Products and Additional Resources > Products
TownSteel CD/CDC Series, Grade 1 Cylindrical Locks
F90, F109, F110 stocked, other upon request
Code Compliance
ANSI/BHMA
A156.2-2011 4000 Series Grade 1 Certified
UL
UL 10C 3 Hour Rated
ADA
Meet Requirements of The Americans with Disabilities...
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Federal Documents > Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through July 2003)
§ 382.21 Aircraft accessibility
armrests as required by this paragraph, carriers shall configure cabins, or establish administrative systems, to ensure that individuals with mobility impairments or other persons with disabilities...
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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)
Exclusion of service animals. (Section-by-Section Analysis)
In the NPRM, in § 36.302(c)(2)(i), the Department proposed that a public accommodation may ask an individual with a disability to remove a service animal from the place of public accommodation...