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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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
a) "Neighborhood" Access Theory
little weight to Steinfeld's opinions that Coffman Pool and MLK Pool (which are designated as accessible pools) are not meaningful alternatives to Balboa Pool for persons with mobility disabilities...
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Additional Access Publications > Proceedings of: Workshop on Improving Building Design for Persons with Low Vision
Executive Summary
“Low vision” is defined as “chronic visual impairments that cause functional limitations or disability.”...
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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)
Video remote interpreting (VRI). (Section-by-Section Analysis)
Comments from advocates and persons with disabilities expressed concern that VRI may not always provide effective communication, especially in hospitals and emergency rooms....
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Rulemaking Process Documents > ANPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability; Movie Captioning and Video Description ANPRM
G. Response to 2008 NPRM Comments Concerning Movie Captioning and Video Description, Analysis and Discussion of Proposed Regulatory Approach
Individuals with disabilities, advocacy groups, a representative from a non-profit organization, and representatives of state governments, including eleven State Attorneys General, overwhelmingly...
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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)
Subpart E—Enforcement (Preamble, Section-by-Section Analysis)
discrimination in violation of section 303 of the Act (subpart D of this part), which requires that new construction and alterations be readily accessible to and usable by individuals with disabilities...
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Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.2(i) Major Life Activities
SVI Sys., Inc, in which the court found that an individual with cirrhosis of the liver caused by Hepatitis B is not disabled because liver function—unlike eating, working, or reproducing...
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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)
List of Subjects for 28 CFR Part 36
List of Subjects for 28 CFR Part 36
Administrative practice and procedure, Buildings and facilities, Business and industry, Civil rights, Individuals with disabilities, Penalties, Reporting...
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Accessibility Specialists
June Kailes
June’s consulting and publications focus on building disability actionable competencies in the worlds of healthcare and emergency management to ensure people with disabilities and others...
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Federal Documents > Preamble to Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)
Medical Certificates/Communicable Diseases
Disability community commenters expressed the concern that use of this term -- derived from the Americans with Disabilities Act – would make it too easy for carriers to use their discretion...
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Federal Documents > Preamble to Regulations > 28 CFR Part 35, Appendix B: 1991 ADA Title II Regulations Preamble and Section-by-Section Analysis
Subpart F -- Compliance Procedures
As with section 504, there is also a private right of action for persons with disabilities, which includes the full panoply of remedies....
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Federal Documents > Regulations > 24 CFR Part 100—Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines
Supplementary Information:
1988) (the Fair Housing Amendments Act) amended title VIII of the Civil Rights Act of 1968 (Fair Housing Act or Act) to add prohibitions against discrimination in housing on the basis of disability...
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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)
Subpart F -- Compliance Procedures (Section-by-Section Analysis)
As with section 504, there is also a private right of action for persons with disabilities, which includes the full panoply of remedies....
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Research and History > Committee Reports > Access for All: Five Years of Progress - A Report from the Department of Justice on Enforcement of the Americans with Disabilities Act
VI. CERTIFYING STATE ACCESSIBILITY CODES
CERTIFYING STATE ACCESSIBILITY CODES
In order to truly realize the ADA's primary objective of enabling people with disabilities to participate fully in the business, civic, and social...
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Research and History > Research Documents > Standards and Anthropometry for Wheeled Mobility
2.0 Methodology
., the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and its eventual replacement, the Americans with Disabilities Act – Architectural Barriers Act Guidelines (ADA-ABA...
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Legal Documents > United States of America v. Ahold USA, Inc. and Peapod, LLC - Settlement Agreement
COMPLIANCE WITH TITLE III OF THE ADA
Date of this Agreement, Peapod shall provide a notice, prominently and directly linked from the www.peapod.com homepage, with a statement of Peapod's policy to ensure that persons with disabilities...
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Webinars, Videos, and Training > Spirit of the ADA
Library of Congress That All May Read
Library Service for the Blind and Physically Handicapped, Library of Congress, is a free library service for people with temporary or permanent low vision, blindness, or other physical disabilities...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
5. Medical Diagnostic Equipment
Department of Justice may adopt them as mandatory requirements under the Americans with Disabilities Act....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
4. Enforcement and Remedies
An individual or a specific class of individuals or their representative alleging discrimination on the basis of disability by a state or local government may either file –
(1) an administrative...
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Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
5. Medical Diagnostic Equipment
Department of Justice may adopt them as mandatory requirements under the Americans with Disabilities Act....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
D. Notification – Alerting the Public to an Emergency
But many traditional emergency notification methods are not accessible to people with disabilities....
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Federal Documents > Technical Assistance > The ADA and City Governments: Common Problems
Issue: 9-1-1 Systems
When direct emergency services are not available, emergency calls for individuals with disabilities are not responded to appropriately, or in a timely manner, and in some instances, not...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-226.1 General
and work benches, fume hoods, reception counters, teller windows, study carrels, commercial kitchen counters, and conference tables to accommodate the individual needs of employees 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)
Shower Spray Unit
Comments from persons with disabilities strongly supported the requirement for the on/off control....
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State and Local Documents > State Technical Assistance > Technical Memorandum TM 2012-05 Safe Harbor
Technical Memorandum TM 2012-05 Safe Harbor
Department of Justice in the Guidance and Analysis for 28 CFR Parts 36 Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities (as amended by the...