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.
-
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...
-
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...
-
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....
-
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...
-
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. ...
-
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...
-
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,...
-
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...
-
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...
-
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...
-
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....
-
State and Local Documents > Codes and Standards > 2022 California Standards
11B-604.8.1.1 Size
Convenience fixtures such as baby changing tables must also be accessible to people with disabilities as well as to other users....
-
State and Local Documents > Codes and Standards > 2022 California Standards
11B-242.2 Swimming pools
Providing different means of access will better serve the varying needs of people with disabilities in getting into and out of a swimming pool....
-
State and Local Documents > Codes and Standards > 2025 California Standards
11B-604.8.1.1 Size
Convenience fixtures such as baby changing tables must also be accessible to people with disabilities as well as to other users....
-
State and Local Documents > Codes and Standards > 2025 California Standards
11B-242.2 Swimming pools
Providing different means of access will better serve the varying needs of people with disabilities in getting into and out of a swimming pool....
-
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! ...
-
Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
(2) Adjustability: Minimum Low Transfer Height
Six commenters (an individual, a state agency concerned with accessibility, two accessibility consultants and two disability rights advocates, one whose comment was supported by 50 disability...
-
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
1.3. Public Comments on Initial Regulatory Assessment and Department Responses
The Department received comments from movie industry representatives, individuals with disabilities, advocacy groups representing individuals with disabilities, State and Federal entities...
-
Federal Documents > Preamble to Standards > 36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards) - Preamble
Section 1194.21 Software Applications and Operating Systems (Preamble, Section-by-Section Analysis)
The proposed rule only specified that software not interfere with features that affect the usability for persons with disabilities....
-
Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
501.1 Scope (Section-by-Section Analysis)
This exception is included because assistive technology frequently needs flexibility in order to perform well for end-users with disabilities....
-
Federal Documents > Technical Assistance > A Guide to Disability Rights Laws
Civil Rights of Institutionalized Persons Act
institutions such as prisons, jails, pretrial detention centers, juvenile correctional facilities, publicly operated nursing homes, and institutions for people with psychiatric or developmental disabilities...
-
Federal Documents > Technical Assistance > Accessible Information Exchange: Meeting on a Level Playing Field
Feature 1 - Parking and Passenger Drop-Off Areas
Feature 1 - Parking and Passenger Drop-Off Areas
When parking is provided for meeting participants, accessible parking must be provided for participants with disabilities....
-
Federal Documents > Technical Assistance > ADA Update - A Primer for Small Business
Food and Restaurant Services
Food and Restaurant Services
People with disabilities need to access tables, food service lines, and condiment and beverage bars in restaurants, bars, or other establishments where food...
-
Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
1017.7.1 Maximum Running Slope and Segment Length
Gradual running slopes on trails are more useable by individuals with disabilities. Where the terrain results in steeper running slopes, resting intervals are required more frequently....