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 > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Play areas. (Section-by-Section Analysis)
structural modifications to existing facilities except where such modifications may be necessary to make the program or service, when considered as a whole, accessible to individuals with disabilities...
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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)
Side reach (Section-by-Section Analysis)
of these comments, but not all, were received from individuals of short stature, relatives of individuals of short stature, or organizations representing the interests of persons with disabilities...
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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)
Side reach (Section-by-Section Analysis)
of these comments, but not all, were received from individuals of short stature, relatives of individuals of short stature, or organizations representing the interests of persons with disabilities...
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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)
Audio Description (Section-by-Section Analysis)
The primary goals of the ADA are to assure equality of opportunity and full access and participation in our society for individuals with disabilities. 42 U.S.C. 12101. ...
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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)
Element-by-element safe harbor for public accommodations. (Section-by-Section Analysis)
The Department received many comments on this issue from the business and disability communities....
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Products and Additional Resources > Products
AccessRec AccessMat Beach Access Mat System
officials, as well as any individual willing to increase accessibility to their beaches should consider providing our AccessMat™ Beach Access Mat system to comply with the Americans with Disabilities...
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Products and Additional Resources > Products
Dyson Airblade V Hand Dryer
Because the Dyson Airblade V hand dryer uses the latest Dyson digital motor it is just 4 inches deep, so it complies with the Americans with Disabilities Act....
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Products and Additional Resources > Products
seca 676 r Digital Wheelchair Scale with Handrail and Integrated RS232 Interface
The consequences are very serious and can sometimes lead to permanent disabilities or death.
Typically men are 70 years old and women are 75 years old when a stroke occurs....
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Products and Additional Resources > Products
AssistiveWare Proloquo4Text Communication App
features make it the premier Augmentative and Alternative Communication solution for literate children, teenagers and adults, including people with autism, cerebral palsy, developmental disabilities...
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State and Local Documents > Codes and Standards > 2022 California Standards
1.1.3.2 State-regulated buildings, structures, and applications
Accommodations for persons with disabilities in buildings containing newly constructed covered multifamily dwellings, new common use areas serving existing covered multifamily dwellings,...
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Federal Documents > Standards > 2010 ADA Standards
General: ADA Standard Section 233.1
Section 233 of the ADA Standards covers information in the current ADA Standards on scoping requirements for residential facilities.
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Accessibility Specialists
Bassam Altwal
Goal Oriented Problem Solver
Minimize your lawsuit risk exposure and become ADA compliant under the Americans with Disabilities Act...
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Federal Documents > Preamble to Standards > 36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards) - Preamble
Section 1194.25 Self Contained, Closed Products (Preamble, Section-by-Section Analysis)
Touchscreens and other controls that operate by sensing a person's touch pose access problems for a range of persons with disabilities....
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State and Local Documents > Codes and Standards > 2019 California Standards
Background
It imposes the ongoing responsibility for owners of public accommodations to remove existing barriers for individuals with disabilities to the extent that it is readily achievable to do...
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Federal Documents > Technical Assistance > Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
2.8 Aircraft and Air Carrier Facility Accessibility.
contracts between airports and air carriers concerning the use of airport facilities define the respective responsibilities for providing accessible facilities and services to individuals with disabilities...
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Section 35.151(g)(3)
Or. 1998) (holding that while a public accommodation may “infill’’ wheelchair spaces with removable seats when the wheelchair spaces are not needed to accommodate individuals with disabilities...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
A. Background
Curb ramps are a small but important part of making sidewalks, street crossings, and the other pedestrian routes that make up the public right-of-way accessible to people with disabilities...
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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
§35.105 Self-evaluation
Experience has demonstrated the self-evaluation process to be a valuable means of establishing a working relationship with individuals with disabilities, which has promoted both effective...
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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
Sub-Committee Summary of Scope for Recommendations
The goal of the sub-committee is to encompass the broadest range of individuals with mobility disabilities including wheeled mobility device users in the following recommendations....
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State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
201.1 Scope
shall have the authority to make adjustments when it is determined that the standards would cause the numbers or locations to be insufficient to adequately meet the needs of people with disabilities...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
The Advance Notice of Proposed Rulemaking
Commenters observed that now, more than seventeen years after the enactment of the ADA, as facilities are becoming physically accessible to individuals with disabilities, the Department...
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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)
§35.105 Self-evaluation (Section-by-Section Analysis)
Experience has demonstrated the self-evaluation process to be a valuable means of establishing a working relationship with individuals with disabilities, which has promoted both effective...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
and section 255-based guidelines are intended to ensure that information and communication technology covered by the respective statutes is accessible to and usable by individuals with disabilities...
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Federal Documents > Preamble to Guidelines > 36 CFR Part 1191 ABA Accessibility Guidelines, Outdoor Developed Areas - Preamble
Outdoor Constructed Features
At water hydrants, a clear ground space for a forward approach is required on each side of the water hydrant to enable individuals with disabilities to operate the water hydrant from their...