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)
Sections 35.171, 35.172, and 35.190--Streamlining Complaint Investigations and Designated Agency Authority (Section-by-Section Analysis)
The Department is proposing modifications to its current procedures with respect to the investigation of complaints alleging discrimination on the basis of disability by public entities...
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Federal Documents > Preamble to Guidelines > 36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines) - Preamble
T704 Announcement Systems
These requirements are intended to ensure that passengers with disabilities have the critical information needed to make public bus transportation systems accessible, usable, and safe for...
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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
III. PROTECTING THE CONSTITUTIONALITY OF THE ADA
may remove States' immunity only when acting pursuant to its powers under the Fourteenth Amendment, the Court in Garrett held that Title I's prohibition of discrimination 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 (2010 ADA Title II Regulations with amendments issued through Aug. 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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Webinars, Videos, and Training > Product Demonstration or Information
SafePath: Overview of Ramps and Reducers for ADA Compliance by SafePath Products
A short video that show new "green" technology and products for ADA disability and "handicap" access for doors and flooring systems....
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Section 36.406(e) Housing at a Place of Education
Private universities and schools covered by title III as public accommodations are required to make their programs and activities accessible to persons with disabilities....
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Federal Documents > Preamble to Guidelines > 36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines) - Preamble
Clear Width of Circulation Paths and Maneuvering Clearances at Wheelchair Spaces
Since the initial issuance of the existing guidelines in 1991, various parties—including individuals with disabilities, transit operators, and vehicle manufacturers—have requested guidance...
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Federal Documents > Technical Assistance > Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
2.6 Communications.
Airports are required to take appropriate steps to ensure that their communications with individuals with disabilities are as effective as communications with other individuals, beneficiaries...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-410.1 General
DSA regulates the usability of elevators and platform (wheelchair) lifts for persons with disabilities. ...
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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)
Section 36.213 Relationship of Subpart 8 to Subparts C and D (Preamble, Section-by-Section Analysis)
The general requirement, established in subpart B by § 36.203, is that a public accommodation must provide its services to individuals with disabilities in the most integrated setting appropriate...
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
304 Turning Space
They argued that wheelchairs and other mobility devices are becoming larger and that more individuals with disabilities are using electric three and four-wheeled scooters which cannot utilize...
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Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
8. May an employer tell employees who ask why their co-worker is allowed to do something that generally is not permitted (such as working at home or working a modified schedule) that she is receiving a reasonable accommodation?
Telling coworkers that an employee is receiving a reasonable accommodation amounts to a disclosure that the employee has a disability....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-206.2.5 Restaurants, cafeterias, banquet facilities and bars
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 > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-206.2.8 Employee work areas
EEOC can provide guidance regarding employers' obligations to provide reasonable accommodations for employees with disabilities
2. ...
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Federal Documents > Technical Assistance > Revised ADA Requirements: Effective and Compliance Date
Title II: Program Accessibility
For example, a county has never taken any measures to make its community center's programs accessible to individuals with disabilities....
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Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
M306.1 General (Section-by-Section Analysis)
Three commenters (two disability rights organizations and one medical association) supported requiring all three modes of communication, and the final commenter (a manufacturer) recommended...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND MOUNTAIN STATES HEALTH ALLIANCE UNDER THE ADA
BACKGROUND
This matter was initiated by a complaint filed against MSHA alleging violations of Title III of the Americans with Disabilities Act of 1990 (“ADA”), as amended, 42 U.S.C. §§ 12181-12189,...
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State and Local Documents > Codes and Standards > 2010 California Standards for Accessible Design (excerpts relating to Safe Harbors only)
1131B.2, Item 1
Each passenger drop-off and loading zone designed for persons with disabilities shall be identified by a reflectorized sign, complying with Section 1117B.5.1, Items 2 and 3, permanently...
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Legal Documents > United States of America v. Quiktrip Corporation - Consent Decree
EXHIBIT J WAIVER AND RELEASE OF CLAIMS
as any affiliated entities, successors, and assigns, from any and all legal claims for monetary or equitable relief that I now have arising in whole or in part under the Americans with Disabilities...
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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
4.4.1 Overview of Mammography Accessibility Considerations
To make final recommendations for mammography accessibility, the Committee balanced the knowledge of disability, a range of physical characteristics and diversity of body types and sizes...
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Legal Documents > LEGAL OPINION - U.S. DEPARTMENT OF TRANSPORTATION OFFICE of GENERAL COUNSEL on 49 CFR 37.43(a)
(A) Staircase replacements are alterations.
ensure that the alterations are made) in such a manner, to the maximum extent feasible, that the altered portions of the facility are readily accessible to and usable by individuals with disabilities...
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State and Local Documents > Guidelines > Accessible Boating Facilities - A Summary of Accessibility Guidelines for Recreation Facilities
Accessible Boating Facilities
stands between you and the full rights and dignity of citizenship, we must work to remove it, in the name of simple decency and justice.The promise of the ADA...has enabled people with disabilities...
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Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities and Public Accommodations (ANPRM)
C. Compliance issues
See Accessibility of State and Local Government Websites to People with Disabilities, available at www.ada.gov/websites2.htm....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)
Architectural Barriers Act
Architectural Barriers Act
The Architectural Barriers Act (42 U.S.C. 4151 et seq.) requires certain facilities financed with federal funds to be accessible to individuals with disabilities...