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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Rulemaking Process Documents > NPRMS > 36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
Height
supine, prone or side-lying position, and diagnostic equipment used by patients in a seated position:
a) Are transfer supports within the above height range usable by patients with disabilities...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
M201.1 Enforcing Authority
An enforcing authority can be a federal, state, or local government agency that enforces laws prohibiting discrimination on the basis of disability, or regulates health care facilities....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND PALACE SPORTS AND ENTERTAINMENT, LLC, REGARDING THE PALACE OF AUBURN HILLS
H. Training:
.); (4) accessible ticketing policies regarding seating for individuals with disabilities; (5) maintenance of accessible routes; (6) the requirements of this Agreement and changes to policies...
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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 New construction and alterations (Section-by-Section Analysis)
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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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-505.6 Gripping surface
People with disabilities, older people, and others benefit from continuous gripping surfaces that permit users to reach the fingers outward or downward to grasp the handrail, particularly...
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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)
Medical facilities. (Section-by-Section Analysis)
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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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-407.1 General
DSA regulates the usability of elevators and platform (wheelchair) lifts for persons with disabilities....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 38.29(b)
(b) Handrails and stanchions shall be provided in the entrance to the vehicle in a configuration which allows persons with disabilities to grasp such assists from outside the vehicle while...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
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 > 2019 California Standards
11B-223.1.1 Alterations
In this way, people with disabilities can have access to the full-range of services provided by a medical care facility. ◼...
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State and Local Documents > Codes and Standards > 2019 California Standards
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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State and Local Documents > Codes and Standards > 2019 California Standards
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 > 2019 California Standards
11B-407.1 General
DSA regulates the usability of elevators and platform (wheelchair) lifts for persons with disabilities....
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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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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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Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
Efforts to minimize impact
If a large manufacturer has an extensive marketing effort, involving surveys and focus groups, it may be appropriate to include persons with disabilities in such groups....
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Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
How to File a Charge of Employment Discrimination
CHARGE OF EMPLOYMENT DISCRIMINATION
Against Private Employers and State/Local Governments
Any person who believes that his or her employment rights have been violated on the basis of disability...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND MOUNTAIN STATES HEALTH ALLIANCE UNDER THE ADA
TITLE III COVERAGE AND FINDINGS
Ensuring that medical care providers do not discriminate on the basis of disability is an issue of general public importance. ...
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Rulemaking Process Documents > NPRMS > 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description (NPRM)
2. The 2010 Advance Notice of Proposed Rulemaking
The Department was not persuaded that strides made in making captioning and audio description technology available to moviegoers with disabilities were sufficient to make regulatory action...
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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)
Alterations and Water Closet Clearances in Single-User Toilet Rooms With In-Swinging Doors (Section-by-Section Analysis)
The majority of commenters believed that this requirement would increase the number of toilet rooms accessible to individuals with disabilities who use wheelchairs or mobility scooters,...
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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)
Exclusion of service animals. (Section-by-Section Analysis)
into new § 35.136(a), which states that ‘‘[g]enerally, a public entity shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
A. Electronic Content
Based on the language of the Rehabilitation Act, § 1194.1 of the existing standards speaks of federal agencies ensuring that federal employees and members of the public with disabilities...
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Additional Access Publications > The National Shelter System and Physical Accessibility - Time to Look Under the Hood
NSS Questions and Concerns
A project on the accessibility of emergency shelters was conducted by the Montana Disability and Health Program in partnership with the Montana Centers for Independent Living (CILs) and...
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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)
Swimming pools. (Section-by-Section Analysis)
In addition, these entities continue to be subject to the general title II obligation to make their programs usable and accessible to persons with disabilities....