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 > Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
2.7 Vehicle and Transportation Systems Accessibility.
in 49 CFR parts 37 and 38, public entities that provide designated or specified public transportation or intercity or commuter rail transportation must provide access for persons with disabilities...
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Federal Documents > Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment
36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment
examination chairs, weight scales, mammography equipment, and other imaging equipment used by health care providers for diagnostic purposes are accessible to, and usable by, individuals 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)
Wheelchair Spaces
Comments from persons with disabilities urged that the rule be modified to prohibit travel through any wheelchair space.
Response....
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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)
Passenger Elevators
Industry, facility operators, designers and some disability groups strongly supported LULA elevators as an alternative where a standard elevator is not required....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
8.9 Drug Testing
If the results reveal information about a disability in addition to information about drug use, the disability-related information is to be treated as a confidential medical record....
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Section 36.403 Alterations: Path of Travel
These commenters argued that if a public accommodation already is in the process of altering its facility, there should be a legal requirement that individuals with disabilities are entitled...
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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)
§ 382.51 Communicable diseases
(a) Except as provided in paragraph (b) of this section, a carrier shall not take any of the following actions, with respect to a person who is otherwise a qualified individual with a disability...
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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
A. Purpose and Objective of the Final Rule Relative to Movie Theaters Categorized as Small
existing regulation implementing the ADA's title III auxiliary aids provision reiterates the obligation of covered entities to ensure equally effective communication with individuals with disabilities...
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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 36.305 Alternatives to Barrier Removal (Preamble, Section-by-Section Analysis)
Where alternative methods are used to provide access, a public accommodation may not charge an individual with a disability for the costs associated with the alternative method (see § 36.301...
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Federal Documents > Technical Assistance > Accessible Play Areas - A Summary of Accessibility Guidelines for Play Areas
Summary
Rather, it provides specifications for elements within a play area to create a general level of usability for children with disabilities....
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Legal Documents > ACCESS NOW, INC. v. AMBULATORY SURGERY CENTER GROUP, LTD.
II. BACKGROUND AND PROCEDURAL HISTORY
("Cedars"), a Florida corporation operating healthcare service facilities in Miami, Florida, alleging that Cedars intentionally discriminated against plaintiffs and individuals with disabilities...
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Federal Documents > Technical Assistance > Accessible Gates for Trails and Roads
Library Card
Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital...
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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
III. Proposed alternative mechanisms to enhance patient access to diagnostic imaging equipment
Implementation of these alternatives, and others, will allow many more patients with disabilities to access the equipment, and can be implemented far more quickly and cost effectively than...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
44. Can an employer deny a request for leave when an employee cannot provide a fixed date of return?
if necessary, the need for continued leave beyond what might have been granted originally.(120)
Example A: An experienced chef at a top restaurant requests leave for treatment of her disability...
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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)
Effective date: Time period. (Section-by-Section Analysis)
In contrast, many disability advocacy groups and individuals argued that the revised regulation should be effective upon final publication, or very soon thereafter. ...
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Federal Documents > Preamble to Regulations > 14 CFR Parts 382 and 399; 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Air Travel: Accessibility of Web Sites and Automated Kiosks at U.S. Airports - Preamble
D. Regulatory Flexibility Act
Only carriers that operate at least one aircraft having a seating capacity of more than 60 passengers are required to make their Web sites accessible to passengers with disabilities and...
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Additional Access Publications > Proceedings of: Workshop on Improving Building Design for Persons with Low Vision
Rulemaking Authority
Our guidelines are not enforceable until they are adopted by a standard-setting agency under the architectural barriers act or under the Americans with Disabilities Act....
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Federal Documents > Technical Assistance > ADA Guide for Places of Lodging: Serving Guests Who Are Blind or Who Have Low Vision
Restaurants and Lounges
In any case, do not try to “hide” your guests with disabilities by placing them in secluded areas.
Buffets....
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Federal Documents > Preamble to Guidelines > 24 CFR Part 100—Fair Housing Accessibility Guidelines, Preamble
Minimum Clear Opening
The majority of commenters representing the disability community supported the Option One specification of a minimum clear opening of 32 inches....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE BOARD OF ELECTION COMMISSIONERS FOR THE CITY OF CHICAGO, ILLINOIS
Enforcement Provisions
of, and consistent with the terms of this Agreement, the Department agrees to refrain from filing any civil suit related to the accessibility of Chicago's polling places for voters with disabilities...
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Research and History > Research Documents > Accessible Exterior Surfaces Technical Article
Recommendations for Future Research
• Children with and without disabilities have higher levels of energy expenditure because they are less “practiced,” and therefore less efficient in their movement....
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Research and History > Research Documents > Exhibit Design Relating to Low Vision and Blindness: Tactile Mapping for Cultural and Entertainment Venues
Introduction
Given the challenges that average users report in finding their way in large museums, it is not surprising that visitors with disabilities that interfere with mobility, orientation and reading...
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Research and History > Research Documents > Exhibit Design Relating to Low Vision and Blindness Summary Report
Future Research Needs
Future Research Needs
Funding and budgetary considerations are and will continue to present issues in providing meaningful and accessible interpretive experiences to people with disabilities...
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Research and History > Research Documents > Anthropometry of Wheeled Mobility Project: Final Report
Anthropometry of Wheeled Mobility Project - Final Report
Access Board
National Institute for Disability and Rehabilitation Research, U.S....