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 > Guidance on the 2010 ADA Standards for Accessible Design
Raised Courtroom Stations Not for Members of the Public
One commenter suggested that a sufficient number of accessible benches for judges with disabilities, in addition to requiring accessible witness stands and attorney areas, be required....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
D. What Does Title II of the ADA Require with Respect to Curb Ramps at Pedestrian Crossings?
Title II of the ADA requires state and local governments to make pedestrian crossings accessible to people with disabilities by providing curb ramps.2 This requirement applies if your state...
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Federal Documents > Technical Assistance > Questions & Answers: Supplement to the 2013 DOJ/DOT Joint Technical Assistance on the Title II of the ADA Requirements To Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing
Program Accessibility
entities/recipients operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily 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)
Altered Elements on an Accessible Route
accessible under the ADA or the Rehabilitation Act of 1973,15 which requires that federally funded programs and services, including those pertaining to housing, be accessible to persons with disabilities...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
a. Problem: Images Without Text Equivalents
Blind people, those with low vision, and people with other disabilities that affect their ability to read a computer display often use different technologies so they can access the information...
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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
1.1 Statutory Authority, Scope, and Objectives of Committee
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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State and Local Documents > State Technical Assistance > Electric Vehicle Charging Stations, Accessibility: FAQs
Are the elements of path of travel and accessible routes substantively the same (such as slope, vertical clearance, width of path of travel, etc.)?
fundamental term used to describe, “A continuous unobstructed path connecting accessible elements and spaces of an accessible site, building or facility that can be negotiated by a person with a disability...
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Legal Documents > WILLITS, et al v. CITY OF LOS ANGELES - Settlement Agreement and Release of Claims
9. Release of Claims
City’s or the Released Entities’ alleged actions, omissions, incidents, or conduct related to the accessibility of any of the City’s Pedestrian Facilities to persons with any Mobility Disability...
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Federal Documents > Preamble to Guidelines > 36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines) - Preamble
Purpose and Legal Authority
The Americans with Disabilities Act (ADA) charges the Access Board with responsibility for the development of minimum guidelines aimed at ensuring the accessibility and usability of transportation...
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Additional Access Publications > Using a Fitness Center Does Not Have to be an Exercise in Frustration: Tips for People with Mobility and Visual Disabilities
2.6 Be Willing to File a Complaint
This new equipment, along with improvements to the locker room and restroom, would make your facility more accessible to people with disabilities and more compliant with the Americans with...
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Regulatory Support Documents > Regulatory Impact Analyses > Final Regulatory Assessment and Final Regulatory Flexibility Analysis Final Rule - Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description
3.3.1. Captioning Hardware Scoping Requirements
Single-Auditorium
1
1
*Source: NATO, Statement of Position on RIN 1190-AA63, CRT Docket No. 126, Nondiscrimination on the Basis of Disability...
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Research and History > Research Documents > Synthesis of Literature Relevant to Roundabout Signalization to Provide Pedestrian Access - Final Report
BACKGROUND
Implementing regulations under Title II of the Americans with Disabilities Act (1) and other statutes require that new construction and alterations are accessible to, and useable by, people...
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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)
Reduced scoping for play areas and other recreation facilities. (Section-by-Section Analysis)
, and perpetuate the discrimination and segregation individuals with disabilities face in the important social arenas of play and recreation—areas where little access has been provided in...
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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)
Section 35.151(f) Housing at a place of education (Section-by-Section Analysis)
The transient lodging standards also require that a greater number of units have accessible features for persons with communication disabilities....
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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...
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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...
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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...
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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...
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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...
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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....
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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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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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Products and Additional Resources > Products
TownSteel XCE9010 Cylindrical Lockdown Rigid Trim Keypad Cylindrical
ANSI/BHMA A156.25: Meets or exceeds all applicable requirements
UL/ULC: UL 10C 3-hour rated
BAA: Meets guidelines of the Buy American Act
ADA: Meets requirements of the Americans with Disabilities...