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 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§35.190 Designated agencies (Section-by-Section Analysis)
This regulation applies the delegation concept to the investigation of complaints of discrimination on the basis of disability by public entities under the ADA....
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Webinars, Videos, and Training > Demonstrations of ADA Requirements
citEcar Street Legal Golf Cart Shuttle with Wheelchair Ramp and 6 Seats
This citEcar six passenger, street-legal golf cart also has a wheelchair ramp and tie downs to secure the disabled passenger. ...
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Legal Documents > David New, Plaintiff, v. Lucky Brand Dungarees Stores, Inc., d/b/a Lucky Brand Jeans, Defendant - Statement of Interest of the United States of America
David New, Plaintiff, v. Lucky Brand Dungarees Stores, Inc., d/b/a Lucky Brand Jeans, Defendant - Statement of Interest of the United States of America
., d/b/a Lucky Brand Jeans (“Lucky Brand”) has violated title III of the Americans with Disabilities Act (“ADA”) by failing to provide him and a class of similarly situated individuals with...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
Section 36.304 Removal of Barriers (Preamble, Section-by-Section Analysis)
On the other hand, a newly constructed bank with ATM’s would be required by § 36.401 to have an ATM that is ‘‘readily accessible to and usable by’’ persons with disabilities in accordance...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Moving to the House Floor
Second, as Congressman Bartlett stated forcefully, the amendment “would in fact be harmful both to those who are disabled and to the employers themselves.”...
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Federal Documents > Standards > 2010 ADA Standards
Swimming Pools: ADA Standard Section 242.2
Section 242.2 covers scoping requirements in the current ADA Standards for swimming pools.
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-221.3 Companion seats
If it is not possible to seat the entire group together and the group must be split, the tickets should be allocated so that the individuals with disabilities are not isolated from others...
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Research and History > Research Documents > Exhibit Design Relating to Low Vision and Blindness: Current Media Technology, Appropriate Application of Technology, Future Research Needs
Overview of Current Media Technologies
Overview of Current Media Technologies
Our nation’s museums, science centers, art galleries, historic sites, and national parks are places where visitors with disabilities should be fully...
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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
Section 36.303(g)(9) Operational Requirements
In response to the ANPRM, the Department received a significant number of comments from individuals with disabilities and groups representing persons who are deaf or hard of hearing and...
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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)
1. Movable aisle armrests
The carrier is required to provide a means to ensure that individuals with mobility impairments or other passengers with disabilities can readily obtain seating in rows having movable aisle...
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Federal Documents > Preamble to Regulations > 28 CFR Part 35, Appendix B: 1991 ADA Title II Regulations Preamble and Section-by-Section Analysis
§35.131 Illegal Use of Drugs
Alcohol is not a controlled substance, so use of alcohol is not addressed by § 35.131 (although alcoholics are individuals with disabilities, subject to the protections of the statute)....
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
4. Grievance Procedure
MOD oversees a citywide grievance procedure for handling public complaints regarding disabled access to its facilities, programs and services....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)
Governmental Units Affected (R208 Detectable Warning Surfaces) (Section-by-Section Analysis)
transportation departments that use UFAS for curb ramps as currently permitted by the Department of Justice and Department of Transportation regulations implementing Title II of the Americans with Disabilities...
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Federal Documents > Technical Assistance > ADA Guide for Small Towns
Part Three: Resources
II, as printed in the Federal Register (7/26/91)
The Department of Justice’s regulation implementing title II, subtitle A, of the ADA, which prohibits discrimination on the basis of disability...
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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)
Section 36.308 Seating in Assembly Areas (Section-by-Section Analysis)
., Colorado Cross Disability Coalition v. Too, Inc., 344 F. Supp. 2d 707 (D. Colo. 2004); Access Now, Inc. v. AMH CGH, Inc., 2001 WL 1005593 (S.D. Fla. 2001); Pascuiti v....
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Legal Documents > SETTLEMENT AGREEMENT between THE UNITED STATES OF AMERICA and PALM BEACH COUNTY, FLORIDA
THE UNITED STATES' INVESTIGATION AND FINDINGS
Complainant 1 requested to vote using the Edge machine but the poll worker failed to follow the correct procedures in the training manual and disabled the Edge machine located at Complainant...
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Legal Documents > SCOTT JOHNSON v. STARBUCKS CORPORATION - AMICUS BRIEF
B. The ADA Standards for Accessible Design
They establish the minimum scoping and technical requirements for a facility or part thereof to be “readily accessible to and usable by individuals with disabilities.” 2010 Standards, Overview...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND SOUTH CAROLINA DEPARTMENT OF CORRECTIONS UNDER THE AMERICANS WITH DISABILITIES ACT
VI. IMPLEMENTATION AND ENFORCEMENT
The SCDC will send the status reports to:
Susana Lorenzo-Giguere
Disability Rights Section
Civil Rights Division
U. S....
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Federal Documents > Technical Assistance > Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
5.1 Architectural Barriers Act (ABA).
These are the only entities over which DOT has jurisdiction under the ABA.Structural accessibility is required for individuals with disabilities in buildings or facilities that are to be...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
B. How Does a TTY Work?
A TTY is a device that is used with a telephone to communicate with persons with hearing disabilities or speech disabilities....
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Wheelchair Spaces/Companion Seats
Based on the data provided to the Access Board, the Department believes the reduced scoping requirements will adequately meet the needs of individuals with disabilities, while balancing...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way; Shared Use Paths: Supplemental Notice of Proposed Rulemaking (SNPRM)
1. Executive Summary
required by section 502 of the Rehabilitation Act to establish and maintain accessibility guidelines for the design, construction, and alteration of facilities covered by the Americans 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)
Definition of "other power-driven mobility device.''
power-driven mobility device'' because it gave them the ability to develop policies pertaining to the admission of these devices, but they expressed concern that individuals will feign mobility disabilities...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Section 37.139 Plan Contents
For example, it is possible that the first part of year one is used to ensure comprehensive registration of all eligible persons with disabilities, training of transit provider staffs and...