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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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
APPENDIX IV: Recent Department of Transportation Enforcement Orders Related to the Air Carrier Access Act
Air Carrier Access Act (ACAA), 49 U.S.C. 41705, and its implementing regulations, 14 CFR part 382, which prohibit discrimination by U.S. air carriers against qualified 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)
"Video Remote Interpreting (VRI) Services'' (Section-by-Section Analysis)
VRS is a telephone service that enables persons with disabilities to use the telephone to communicate using video connections and is a more advanced form of relay service than the traditional...
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State and Local Documents > Guidelines > Accessibility Guidebook for Outdoor Recreation and Trails
Use of the International Symbol of Accessibility and Other Signs
The accessible sites that are not assigned to persons with disabilities should be filled last, keeping them available in case they are needed....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE BOARD OF ELECTION COMMISSIONERS FOR THE CITY OF CHICAGO, ILLINOIS
B. Survey, Compliance and Review of Polling Place Locations
After the effective date of this Agreement, the Board shall select new polling-place locations that are accessible to persons with disabilities. 42 U.S.C. § 12132....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICAN AND THE CITY OF WAUKEGAN, ILLINOIS UNDER THE AMERICANS WITH DISABILITIES ACT
Attachment D
Title II of the Americans with Disabilities Act (ADA) of 1990 prohibits State and local government from discriminating against an individual with a disability....
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Research and History > Research Documents > Anthropometry of Wheeled Mobility Project: Final Report
4.3.8 Operating forces
From these data, we can only make some broad conclusions for design and standards based on a large sample of people with relatively severe disabilities....
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Legal Documents > United States of America v. Humboldt County, California - Consent Decree
Attachment E: GUIDE FOR LAW ENFORCEMENT OFFICERS
Title II of the Americans with Disabilities Act (ADA) of 1990 prohibits State and local governments from discriminating against an individual with a disability....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
Chapter 4 Addendum: Title II Checklist (9-1-1 and Emergency Communications Services)
to find out about their experiences in contacting 9-1-1 and emergency communications services and to keep abreast of the communication technology individuals with these disabilities will...
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Federal Documents > Preamble to Standards > 36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards) - Preamble
Section 1194.2 Purpose (Preamble, Section-by-Section Analysis)
In addition, the requirements to make reasonable accommodations for the needs of an employee with a disability under section 501 and to provide overall program accessibility under section...
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Legal Documents > United States of America v. Genesis Healthcare System - Settlement Agreement
TITLE III COVERAGE AND FINDINGS
Accordingly, she has a disability within the meaning of 42 U.S.C. § 12102 and 28 C.F.R. § 36.104.
6....
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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)
Subpart E—Enforcement (Section-By-Section Analysis and Response to Comments)
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 > 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)
Safe harbor for qualified small businesses. (Section-by-Section Analysis)
From the disability community, comments were received from individuals, disability advocacy groups, and nonprofit organizations involved in providing services for persons with disabilities...
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Research and History > Research Documents > Anthropometry of Wheeled Mobility Project: Final Report
2.3.3 Comparison of Dimensions with Standards and other Anthropometric Studies
For the United Kingdom (U.K.), we reviewed BS 8300:2001 Design of Buildings and Their Approaches to Meet the Needs of Disabled People – Code of Practice....
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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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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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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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Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
Declaration of Conformity
A few commenters from the telecommunications industry and disability organizations urged the Board to adopt the Declaration of Conformity as recommended by the TAAC....
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Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
Paragraph (f) Prevention of visually induced seizures (Section-by-Section Analysis)
Trace Center noted that the provision for audio cutoff would help alleviate the problem by allowing a person with such a disability to insert a plug and cut off any external auditory cues...
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Accessible Fishing Piers and Platforms
They also thought that this would hinder access for persons with disabilities because the railing height would be too high for a person seated in a wheelchair to reach over with their fishing...
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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 D -- New Construction and Alterations (Preamble, Section-by-Section Analysis)
section 303 of the Act, which requires that newly constructed or altered places of public accommodation or commercial facilities be 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)
Operable Parts of Windows
Comments from people with disabilities supported the idea of a specified sill height, though few recommended a particular height. Comment from industry opposed such a requirement....