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.
-
Federal Documents > Preamble to Guidelines > 36 CFR Part 1191 ABA Accessibility Guidelines, Outdoor Developed Areas - Preamble
Beach Access Routes
Beach access routes provide a firm and stable surface over the sand and are used by beach visitors with and without disabilities....
-
Research and History > Research Documents > Anthropometry for Persons with Disabilities
3-D Shape Digitization
Large quantities of 3-D scan data have not yet been collected on any population (with disabilities or without) so the potential usefulness of the data is largely unexplored....
-
Additional Access Publications > A Guide to Planning Accessible Meetings
Tips for Attendees
Even planners who mean well may need to be educated about what will make the best experience for participants who have disabilities....
-
Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-3.6000 Retaliation or coercion
ILLUSTRATION: It would be a violation for a restaurant customer to harass or intimidate an individual with a disability in an effort to prevent that individual from patronizing the restaurant...
-
Legal Documents > United States of America v. Associated Foot & Ankle Centers of Northern Virginia - Settlement Agreement
BACKGROUND
This matter was initiated by a complaint filed with the United States against AFAC, alleging violations of title III of the Americans with Disabilities Act of 1990, as amended (the “ADA”...
-
Federal Documents > Technical Assistance > Communicating with People Who Are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Officers
Requirements for Effective Communication
Agencies must give primary consideration to providing the aid or service requested by the person with the hearing disability....
-
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)
§ 35.164 Duties.
public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities...
-
Legal Documents > United States of America v. Humboldt County, California - Consent Decree
B. NOTIFICATION
Within thirty (30) days of the entry of this Consent Decree, the County will adopt and follow the attached Notice under the Americans with Disabilities Act, Attachment A (“Notice”); distribute...
-
Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices
16. Opening Building Doors
For paratransit services, a passenger's request for the driver to open an exterior entry door to a building to provide boarding and/or alighting assistance to a passenger with a disability...
-
Legal Documents > United States of America v. Genesis Healthcare System - Settlement Agreement
EFFECTIVE DATE/TERMINATION DATE
KNIGHT, Trial Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W....
-
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)
§ 35.150(a)(3)
alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities...
-
State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-602.6 Water flow
spout to produce a flow of water 4 inches (100 mm) high minimum is so that a cup can be inserted under the flow of water to provide a drink of water for an individual who, because of a disability...
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.187(c)
All fixed-route operators involved in interline service shall ensure that they have the capacity to receive communications at all times concerning interline service for passengers with disabilities...
-
State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
8. Transportation Vehicles
From the Board’s website:
“The Access Board has issued a final rule updating sections of its accessibility guidelines for transportation vehicles covered by the Americans with Disabilities...
-
State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-215.1 General
Consult local fire departments and prepare evacuation plans taking into consideration the needs of every building occupant, including people with disabilities. ...
-
State and Local Documents > Codes and Standards > 2019 California Standards
3. Emergency Transportable Housing
developed these guidelines according to recommendations from an advisory panel it organized, the Emergency Transportable Housing Advisory Committee, which included representation from disability...
-
State and Local Documents > Codes and Standards > 2019 California Standards
11B-602.6 Water flow
spout to produce a flow of water 4 inches (100 mm) high minimum is so that a cup can be inserted under the flow of water to provide a drink of water for an individual who, because of a disability...
-
Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Line of Sight and Dispersion of Wheelchair Spaces in Assembly Areas
Section 4.33.3 of the 1991 Standards requires wheelchair spaces and companion seats to be an integral part of any fixed seating plan in assembly areas and to provide individuals with disabilities...
-
State and Local Documents > Regulations > 36 CFR Part 1191 ADA and ABA Accessibility Guidelines for Emergency Transportable Housing Units
3. Federal Emergency Management Agency (FEMA)
When disaster survivors apply for assistance from FEMA, individuals with disabilities are identified and their housing needs are assessed.19 FEMA maintains a baseline target inventory of...
-
Rulemaking Process Documents > ANPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability; Movie Captioning and Video Description ANPRM
B. Legal foundation for captioning and video description
Moreover, title III prohibits places of public accommodation from affording an unequal or lesser service to individuals or classes of individuals with disabilities than is offered to other...
-
Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
PURPOSE AND LEGAL AUTHORITY
primary purposes of the proposed rule is to replace the current product-based approach with requirements based on functionality, and, thereby, ensure that accessibility for people with disabilities...
-
Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
413.1 General (Section-by-Section Analysis)
The Advisory Committee recommended inclusion of this provision to ensure that persons with hearing- and vision-related disabilities can find—and use—captioning and audio description controls...
-
Research and History > Research Documents > Development of Surface Roughness Standards for Pathways Used by Wheelchair Users: Final Report
Legislation
The Americans with Disabilities Act of 1990 (ADA) greatly expands the scope and details of the ABA....
-
Webinars, Videos, and Training > Spirit of the ADA
The Blind Photographer
Requires the Registered User plan or above.
Login!