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 > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Section 37.165 Lift and Securement Use
The entity's personnel have an obligation to ensure that a passenger with a disability is able to take advantage of the accessibility and safety features on vehicles....
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Accessibility Specialists
Shannon Mulhall
Mulhall, NIC, ADAC, CASp, is the Americans with Disabilities Act Coordinator for the City of Fresno, CA and owner of Green Light Accessibility Consulting....
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Corada Voices > General Comments or Questions
Elevator requirement to new dining area on the mezzanine of an existing facility
By: James Terry
areas, or to all parts of existing outdoor dining areas where the same services and decor are provided in an accessible space usable by the public and not restricted to use by people with disabilities...
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State and Local Documents > Regulations > 36 CFR Part 1191 ADA and ABA Accessibility Guidelines for Emergency Transportable Housing Units
A. Scoping Requirements for Units with Mobility Features
on private sites provided by the occupant of the unit, the advisory committee recommended that entities provide units with mobility features to ensure non-discrimination on the basis of disability...
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Federal Documents > Preamble to Guidelines > 24 CFR Part 100—Fair Housing Accessibility Guidelines, Preamble
Changes in Level within a Dwelling Unit
housing costs for everyone; defeat the purpose of having multilevel units, which is to provide additional space at a lower cost; eliminate multilevel designs which may be desirable to disabled...
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Legal Documents > United States of America v. State of Florida - Final Order of Dismissal
A.
One of the ADA's core concerns is the treatment of disabled persons confined in institutions. See 42 U.S.C. §§12101(a)(2),(3),& (5); Olmstead, 527 U.S. at 589 n.1....
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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(p) Undue Hardship
For example, suppose an individual with a disabling visual impairment that makes it extremely difficult to see in dim lighting applies for a position as a waiter in a nightclub and requests...
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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)
382.61 What are the requirements for movable aisle armrests?
Consistent with section 382.41, carriers must find ways of ensuring that passengers with disabilities can locate specific seats they can access with movable armrests....
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Section 36.406(f)(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 > Guidance on the 2010 ADA Standards for Accessible Design
Check-Out Aisles and Sales and Service Counters
space adjacent to those counters be kept clear of merchandise, equipment, and other items so that the accessible part of the counter is readily accessible to and usable by individuals 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
§35.102 Application
clarification about the responsibilities of public school systems under section 504 and the ADA with respect to programs, services, and activities that are not covered by the Individuals with Disabilities...
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Additional Access Publications > Proceedings of: Workshop on Improving Building Design for Persons with Low Vision
Accessibility Stories by Vijay Gupta
Comment by Marsha Mazz: It just proves that disability is the only minority group you get to join after birth....
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Federal Documents > Preamble to Regulations > 14 CFR Parts 382 and 399; 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Air Travel: Accessibility of Web Sites and Automated Kiosks at U.S. Airports - Preamble
Kiosk at Non-Airport Locations
Comments: Six disability advocacy organizations (ACB, AFB, NFB, NCIL, PVA, and BBI) strongly urged the Department to apply the accessibility requirements to kiosks in non-airport locations...
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Federal Documents > Preamble to Guidelines > 24 CFR Part 100—Fair Housing Accessibility Guidelines, Preamble
Guidelines for Requirement 5
Several commenters from the disability community requested that circuit breakers be categorized as environmental controls....
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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)
§35.102 Application (Section-by-Section Analysis)
clarification about the responsibilities of public school systems under section 504 and the ADA with respect to programs, services, and activities that are not covered by the Individuals with Disabilities...
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Additional Access Publications > 5 “G’s” Getting Access to Health Care for People with Physical Disabilities
3.1 Getting Weighed
Accessible scales are important to quality health care for people with disabilities. An accessible scale allows a wheelchair user to roll onto the platform of the scale. ...
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
A4.33.7 Types of Listening Systems
Table A2, reprinted from a National Institute of Disability and Rehabilitation Research “Rehab Brief,” shows some of the advantages and disadvantages of different types of assistive listening...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND UNION PARISH DETENTION CENTER
Miscellaneous Provisions
other e-mail address that the United States designates during the term of this Agreement) or to the following address by Federal Express, delivery prepaid:
Chief, Disability...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND AURORA HEALTH CARE UNDER THE AMERICANS WITH DISABILITIES ACT
ACTIONS TO BE TAKEN BY AURORA
Aurora, including its hospitals, physicians, outpatient health care centers, and other medical facilities, agrees that it will not discriminate against any individual on the basis of disability...
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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 36.406 Standards for New Construction and Alterations (Section-By-Section Analysis and Response to Comments)
Appendix A contains the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG) which is being published by the ATBCB as a final rule elsewhere in this...
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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
III. IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT
This Agreement is limited to the facts set forth herein and it does not purport to remedy any other potential violations of the Americans with Disabilities Act, including violations of the...
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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)
Definition of "other power-driven mobility device." (Section-by-Section Analysis)
maintains the existing legal protections for wheelchairs, and recognizes that some devices, particularly the Segway® PT, which are not designed primarily for individuals with mobility disabilities...
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Federal Documents > Technical Assistance > Accessible Information Exchange: Meeting on a Level Playing Field
Feature 6 - Restrooms
If restrooms are available to meeting participants, then accessible restrooms must also be available to participants with disabilities....
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Shower and Sauna Doors in Transient Lodging Facilities
Congress directed this requirement to be included so that individuals with disabilities could visit guests in other rooms. See H. Rept. 101‒485, pt. 2, at 118 (1990); S....