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 > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.3(j) Handicapped person
including speech organs; cardiovascular; reproductive, digestive, genito-urinary; hemic and lymphatic; skin; and endocrine; or (B) any mental or psychological disorder, such as intellectual disability...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-2.2000 Physical or mental impairments.
The first category of persons covered by the definition of an individual with a disability is restricted to those with "physical or mental impairments."...
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Federal Documents > Technical Assistance > Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act
11. Q: We have a "no pets" policy. Do I have to allow a child with a disability to bring a service animal, such as a seeing eye dog?
Do I have to allow a child with a disability to bring a service animal, such as a seeing eye dog?
A: Yes. A service animal is not a pet....
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Additional Access Publications > Emergency Health Information
Emergency Health Information
By June Isaacson Kailes, Disability Policy Consultant
Harris Family CDHP logo [sic]
IEHP Logo [sic]
This publication made possible through funding by Inland Empire Health Plan....
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Federal Documents > Technical Assistance > DOJ/DOE Joint Publication: Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools
10. How do the IDEA FAPE and the Title II effective communication requirements differ with regard to the obligation to provide communication for students with disabilities attending public elementary and secondary schools?
The Title II regulations explicitly require that a district take appropriate steps to ensure that communications with persons with disabilities are “as effective as” communications with...
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Regulatory Support Documents > Analysis of Final Regulation > Appendix A to 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance, Analysis of Final Regulation (with amendments issued through July 2017)
3. Handicapped person
diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
15. Must an employer provide reasonable accommodation so that an employee may attend training programs?
., sign language interpreters; written materials produced in alternative formats, such as braille, large print, or on audio- cassette) that will provide employees with disabilities with...
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Federal Documents > Technical Assistance > Guidance Questions and Answers Concerning 49 CFR Part 39, ADA Rules Concerning Passenger Vessels
Guidance Questions and Answers Concerning 49 CFR Part 39, ADA Rules Concerning Passenger Vessels
The Department of Transportation’s final rules applying the Americans with Disabilities Act (ADA) to passenger vessel operators’ (PVOs’) policies took effect January 3, 2011.i These questions...
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Substantial limitation
effects of mitigating measures (other than ordinary eyeglasses and contact lenses) must not be considered.23 For example, school districts must determine if a student with asthma has a disability...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
7. May an employer require an individual to go to a health care professional of the employer's (rather than the employee's) choice for purposes of documenting need for accommodation and disability?
Documentation is insufficient if it does not specify the existence of an ADA disability and explain the need for reasonable accommodation.(33)
Any medical examination conducted by the...
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Section 35.151(k) Detention and correctional facilities
Department has determined that many detention and correctional facilities do not have enough accessible cells, toilets, and shower facilities to meet the needs of their inmates with mobility 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 May 2016)
§382.103 May a carrier leave a passenger unattended in a wheelchair or other device?
As a carrier, you must not leave a passenger who has requested assistance required by this subpart unattended by the personnel responsible for enplaning, deplaning, or connecting...
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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 May 2016)
§382.117(i)
(i) Guidance concerning the carriage of service animals generally is found in the preamble of this rule. Guidance on the steps necessary to legally transport service animals on...
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Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
Paragraph (i) Operable with limited cognitive skills (Section-by-Section Analysis)
Paragraph (i) Operable with limited cognitive skills (Section-by-Section Analysis)
No substantive comments were received on this paragraph and no changes were made, other than the...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.15(f)
(f) Additional defenses. It may be a defense to a charge of discrimination under this part that the alleged discriminatory action is specifically permitted by sections 1630.14 or...
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Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
Paragraph (h) Operable without speech (Section-by-Section Analysis)
Paragraph (h) Operable without speech (Section-by-Section Analysis)
No substantive comments were received on this paragraph and no changes were made, other than the editorial...
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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)
Accommodating Passengers With Service Animals in the Cabin
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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)
382.103 May a carrier leave a passenger unattended in a wheelchair or other device?
382.103 May a carrier leave a passenger unattended in a wheelchair or other device? The carrier and its contractors may not leave a passenger unattended in a wheelchair or other...
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Additional Access Publications > Questions to Ask for Identifying Communication and Accommodation Needs
PREFERRED COMMUNICATION: IDENTIFIES METHODS BY WHICH PATIENTS WANT TO RECEIVE COMMUNICATIONS AND INFORMATION:
PREFERRED COMMUNICATION: IDENTIFIES METHODS BY WHICH PATIENTS WANT TO RECEIVE COMMUNICATIONS AND INFORMATION:
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
WAY FINDING
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
Annex D SELECTED EXAMPLES OF THE SCOPE OF THE ADA
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
WAY FINDING
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Federal Documents > Technical Assistance > Expanding Your Market: Accessibility Benefits Older Adult Customers
Captioning
• Captioning on promotional, special event, and exhibition videos for people with hearing loss or cognitive changes ensure the message is not lost in the ambient sound and music.
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Federal Documents > Standards > 36 CFR Part 1194 - Information and Communication Technology (ICT) Final Standards and Guidelines (with amendments issued through Jan. 2018)
302.6 Without Speech
Where speech is used for input, control, or operation, ICT shall provide at least one mode of operation that does not require user speech.