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 > 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-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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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...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
Chapter 6 Addendum: Title II Checklist (Curb Ramps and Pedestrian Crossings)
Copies of any feedback received from people with disabilities about the accessibility of your pedestrian crossings. ...
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Section 35.151(f) Housing at a place of education
The transient lodging standards also require that a greater number of units have accessible features for persons with communication disabilities....
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
3. Grievance Procedure
Indeed, it is conceivable that a public entity could fully satisfy its obligations to accommodate the disabled while at the same time fail to put forth a suitable transition plan.")....
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Public Postsecondary Schools
Subpart E requires schools to make “academic adjustments” based on individual students’ disabilities and needs....
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Senate Approval
It was “one of the most extraordinary legislative accomplishments I’ve ever seen,” said Neas.69 For the disability community, it was a remarkable victory....
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Webinars, Videos, and Training > Spirit of the ADA
Achieving ADA/Section 508 Compliance with Ext JS 4.2
Is making your applications ADA (Americans with Disabilities Act) compliant important to you and critical to your business?...
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Webinars, Videos, and Training > Spirit of the ADA
Section 508 Awareness Video
There are
numerous techniques that you can use to ensure that thedocuments you produce are accessible to persons with disabilities....
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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 1630.15(d) Defense To Not Making Reasonable Accommodation
Simply comparing the cost of the accommodation to the salary of the individual with a disability in need of the accommodation will not suffice....
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Federal Documents > Technical Assistance > ADA: Know Your Rights - Returning Service Members with Disabilities
Contact Information
Contact Information
All the agencies listed below provide technical assistance to help businesses, State and local governments, and individuals with disabilities understand the ADA....
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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)
5. Advance Notice
Advance Notice
We sought comments in the Oxygen NPRM about operational reasons, if any, in support of permitting carriers to require a passenger with a disability to provide advance notice...
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Federal Documents > Regulations > 24 CFR Part 100—Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines
Introduction
covered by various other laws, such as section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157); and the Americans with Disabilities...