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 > Title I Technical Assistance Manual
2.1(a)(iii) Substantially Limits
(iii) Substantially Limits
An impairment is only a "disability" under the ADA if it substantially limits one or more major life activities....
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Federal Documents > Technical Assistance > Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights
2. Am I allowed to keep my condition private?
When it is engaging in affirmative action for people with disabilities (such as an employer tracking the disability status of its applicant pool in order to assess its recruitment and hiring...
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Federal Documents > Technical Assistance > Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools
Q9: How can a school district meet its obligation, as described in the Section 504 regulation, to evaluate students to determine the need for special education or related services consistent with the Amendments Act?
the need of a student with a disability for special education or related services....
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Webinars, Videos, and Training > Spirit of the ADA
Improving Customer Service for People with Disabilities Video
This film was produced by the West Suburban Chamber of Commerce and Industry Foundation, in cooperation with the Illinois Department of Human Services Division of Rehabilitation...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
REASONABLE ACCOMMODATION RELATED TO THE BENEFITS AND PRIVILEGES OF EMPLOYMENT
The ADA requires employers to provide reasonable accommodations so that employees with disabilities can enjoy the "benefits and privileges of employment" equal to those enjoyed by similarly-situated...
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Webinars, Videos, and Training > Spirit of the ADA
Communicating with people with disabilities: Ask Me First Video
In this video, you will learn how to respect the boundaries of people with disabilities while communicating with them....
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Federal Documents > Technical Assistance > Employer-Provided Leave and the Americans with Disabilities Act
100% Healed Policies
Direct threat is the ADA standard for determining whether an employee's disability poses a "significant risk of substantial harm" to self or to others....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 38.115(b)
(b) Where provided, handrails and stanchions shall be sufficient to permit safe boarding, on-board circulation, seating and standing assistance, and alighting by persons with disabilities...
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Scenario 10 – Procedural Safeguards
Lee told staff at her son’s school that she believes her son has a disability because he cannot seem to sit still and concentrate on his assignments. Although Ms....
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Federal Documents > Regulations > 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through Aug. 2015)
§27.11(b) Voluntary action.
A recipient may take steps, in addition to any action that is required by this part, to assure the full participation in the recipient's program or activity by qualified persons with a disability...
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Parent Asks for an Evaluation of the Student
and needs special education or related services because of that disability....
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Scenario 1 – Suspected Disability & Evaluation
It is only through an evaluation process that a school district can properly determine if a student has a disability and needs Section 504 services....
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Federal Documents > Technical Assistance > A Guide for People with Disabilities Seeking Employment
A Guide for People with Disabilities Seeking Employment
Americans with Disabilities Act
A Guide for People with Disabilities Seeking Employment
Social Security Administration
Equal Employment Opportunity Commission
U.S....
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Federal Documents > Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through May 2016)
§382.57(a)(4)
(4) You must ensure that a passenger with a disability who requests an accessible automated kiosk is given priority access to any available accessible kiosk you own, lease, or control in...
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Federal Documents > 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
§ 382.57(a)(4)
(4) You must ensure that a passenger with a disability who requests an accessible automated kiosk is given priority access to any available accessible kiosk you own, lease, or control in...
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
Rules of Construction for Major Life Activities
principles applicable to major life activities: ‘‘[i]n determining other examples of major life activities, the term ‘major’ shall not be interpreted strictly to create a demanding standard for disability...
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Federal Documents > Technical Assistance > Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools
Q11: What must a school district do for a student who has a disability but does not need any special education or related services?
A: As described in the Section 504 regulation, a school district must conduct an evaluation of any individual who, because of a disability, needs or is believed to need special education...
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Federal Documents > Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through May 2016)
§382.117(c)
(c) If a service animal cannot be accommodated at the seat location of the passenger with a disability who is using the animal, you must offer the passenger the opportunity to move with...
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Federal Documents > Technical Assistance > Questions and Answers: The ADA and Persons with HIV/AIDS
Who is protected by the employment provisions of the ADA?
The ADA prohibits employment discrimination against qualified individuals with disabilities....
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
Sections 35.108(d)(1)(ii) and 36.105(d)(1)(ii)—Primary Object of ADA Cases
Congress did not intend for the threshold question of disability to be used as a means of excluding individuals from coverage....
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Webinars, Videos, and Training > Spirit of the ADA
Disability Employment Policy (ODEP): Workforce Recruitment Program Success, The Pentagon
Learn how the Workforce Recruitment Program can help you find qualified candidates with disabilities and increase the diversity footprint of your workplace....
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Additional Access Publications > Emergency Evacuation Preparedness: Taking Responsibility For Your Safety A Guide For People with Disabilities and Other Activity Limitations
Ability Self-Assessment
Evaluate your capabilities, limitations and needs, as well as your surroundings to determine what type of help you will need in an...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.14(c)
(c) Examination of employees. A covered entity may require a medical examination (and/or inquiry) of an employee that is job-related and consistent with business necessity. A covered...
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Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.4(a) General
(a) General. No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to...