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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Webinars, Videos, and Training > Spirit of the ADA
Make A Hero - 'The Movement' - Adaptive Sports Film
A documentary narrated by Robert Redford and ski movie legend Warren Miller, featuring stories of inspiring individuals with disabilities overcoming limitation, including Rick Finkelstein...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Negotiations Between the Senate and the White House
These discussions would include the administration, the Senate, the House, and both the business and disability communities....
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Webinars, Videos, and Training > Spirit of the ADA
#CrappyCurb
This makes getting around the city for people with mobility disabilities difficult or impossible. This has got to change! ...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)
Section 36.304 Removal of Barriers (Section-By-Section Analysis and Response to Comments)
In striking a balance between guaranteeing access to individuals with disabilities and recognizing the legitimate cost concerns of businesses and other private entities, the ADA establishes...
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Legal Documents > United States of America, Plaintiff, v. Cinemark USA, Inc., Defendant - Consent Order
IT IS SO ORDERED
LIANG, Trial Attorney
Civil Rights Division
Disability Rights Section
950 Pennsylvania Avenue, NW
Washington, D.C. 20530
Telephone: (202) 307-0480
Facsimile: (202) 307-1197/98
Email...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
2. State and Local Laws
This means that if there is a state or local law that would exclude an individual with a disability for a particular job or profession because of a health or safety risk, the employer still...
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
226 and 902 Dining Surfaces and Work Surfaces
basing the calculation on the number of tables rather than on the number of individuals that may be accommodated by the tables could unnecessarily restrict opportunities for persons with disabilities...
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
State and Local Government Facilities: Guidance on the Revisions to 28 CFR Section 35.151
that are constructed or altered by, on behalf of, or for the use of a public entity shall be designed, constructed, or altered to be readily accessible to and usable by individuals with disabilities...
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Medical facilities
A disability advocacy group and a number of other commenters recommended that the Department expand the application of section 232.4 to apply to all such facilities in detention and correctional...
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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 36.401 New Construction (Preamble, Section-by-Section Analysis)
., after January 26, 1993) that are 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)
Convenience Food Restaurants
Disability groups representing people who are deaf supported a requirement to ensure an equivalent level of access....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
1. Face-to-Face Communications
In these types of situations where someone involved has a disability that affects communication, auxiliary aids and services such as qualified interpreters, computer-aided real-time transcription...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-206.2.6 Performance areas
For example, requiring persons with disabilities to go outside the building and reenter the building to gain access the stage when others have a direct route would not be considered coinciding...
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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)
406 Curb Ramps
from the Board’s Public Rights-of-Way Access Advisory Committee, which was comprised of representatives from the transportation industry, Federal, State and local government agencies, the disability...
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Legal Documents > United States of America, Plaintiff, v. Cinemark USA, Inc., Defendant - Consent Order
2.4
of wheelchair seating locations in assembly areas (including stadium-style movie theaters), whether by modification of the DOJ's regulation implementing Title III of the Americans with Disabilities...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-103 Equivalent facilitation
other responsible parties, must verify that the designs, products or technologies actually result in substantially equivalent or greater accessibility and usability for people with all disability...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-407.1 General
DSA regulates the usability of elevators and platform (wheelchair) lifts for persons with disabilities. ...
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Federal Documents > Technical Assistance > GSA BULLETIN FMR 2008-B3: Use of Segways® and Similar Devices by Individuals with a Mobility Impairment in GSA-Controlled Federal Facilities
Interim Segway® Personal Transporter Policy
GSA is committed to making all reasonable efforts to make its facilities accessible to persons with disabilities. ...
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
218 and 810 Transportation Facilities
However, because detectable warnings have been shown to significantly benefit individuals with disabilities at transit platform edges, the 2010 Standards provide scoping and technical requirements...
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State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
221.2.2 Integration
achievable for a public accommodation to place wheelchair spaces and companion seats in each such specialty seating area, it shall provide those services or amenities to individuals with disabilities...
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Legal Documents > WILLITS, et al v. CITY OF LOS ANGELES - Order Granting Plaintiff's Motion for Partial Summary Judgment
A. The Substantive Legal Dispute
According to Plaintiffs, such deficiencies are directly attributable to Defendants' policies and practices, or lack thereof, with respect to the City's pedestrian rights of way and disability...
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Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
F223.1 General
The lack of a design requirement does not mean that covered entities are not required to provide services to people with disabilities where accessible rooms are not dispersed in specialty...