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.
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
I. Slip Resistant Surface—Aisles, Steps, Floor Areas Where People Walk, Floor Areas in Securement Locations, Lift Platforms, Ramps
A research project sponsored by the Architectural and Transportation Barriers Compliance Board (Access Board) conducted tests with persons with disabilities and concluded that a higher coefficient...
-
Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-8.3000 Transition plan
contain at a minimum --
1) A list of the physical barriers in a public entity's facilities that limit the accessibility of its programs, activities, or services to individuals with disabilities...
-
State and Local Documents > Codes and Standards > 2019 California Standards
11B-223.1 General
The lack of a design requirement does not mean that covered entities are not required to provide services to people with disabilities where accessible patient bedrooms or resident sleeping...
-
State and Local Documents > Codes and Standards > 2019 California Standards
11B-410.1 General
DSA regulates the usability of elevators and platform (wheelchair) lifts for persons with disabilities....
-
Federal Documents > Regulations > 24 CFR Part 8 Nondiscrimination on the Basis of Disability in Federally Assisted Programs and Activities - Notice: Instructions for use of alternative accessibility standard
Vehicular Route Exceptions—Sections 206.2.1 and 206.2.2 of the 2010 Standards
routes, and both conflict with HUD’s Section 504 regulation, which requires that all programs and activities receiving Federal funds be readily accessible to and usable by persons with disabilities...
-
Federal Documents > Preamble to Guidelines > 36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)
904 Sales and Service Counters
Comments from persons with disabilities considered 38 inches to be too high.
Response....
-
Federal Documents > Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through July 2003)
§ 382.40 Boarding assistance for small aircraft
(b) Carriers shall, in cooperation with the airports they serve, provide boarding assistance to individuals with disabilities using mechanical lifts, ramps, or other suitable devices that...
-
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 36.406 Standards for New Construction and Alterations (Preamble, Section-by-Section Analysis)
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...
-
Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
2. Equipment Clearances for Breast Platforms
Two commenters, one manufacturer and one disability rights organization, commented on the knee and toe clearance under breast platforms....
-
Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
The Advance Notice of Proposed Rulemaking
Commenters observed that now, more than seventeen years after enactment of the ADA, as facilities are becoming physically accessible to individuals with disabilities, the Department needs...
-
Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Safe Harbor
court sports facilities
Public entities need to make structural changes to these recreational elements and to their residential dwelling units to ensure that people with disabilities...
-
Federal Documents > Regulations > 34 CFR Part 104 Discrimination on the Basis of Disability in Federally Assisted Programs and Activities - Notice of Interpretation
Accessibility Standards in Title II Regulations Issued by DOJ
in or the denial of the benefits of services, programs, or activities, or other discrimination because a public entity's facilities are inaccessible to or unusable by individuals with disabilities...
-
Legal Documents > Metzler et al. v. Kaiser Foundation Health Plan, Inc. et al.
XI. GENERAL & MISCELLANEOUS PROVISIONS
The parties will jointly prepare and disseminate a media release recognizing the efforts of Kaiser to take a leadership role in providing accessible health care to people with disabilities...
-
Federal Documents > Regulations > 24 CFR Part 8 Nondiscrimination on the Basis of Disability in Federally Assisted Programs and Activities - Notice: Instructions for use of alternative accessibility standard
Appendix to May 23, 2014 Document
Exceptions to the 2010 Standards
This table is provided for HUD recipients that elect to use the 2010 Standards under title II of the Americans with Disabilities Act (ADA) as an alternative...
-
Legal Documents > ACCESS NOW, INC. v. AMBULATORY SURGERY CENTER GROUP, LTD.
2. The Class Notices Are Defective and Will Reach Only A Minuscule Portion of Class Members
While it is unknown how frequently the members of the disability community visit the Access Now’s website, it is highly unlikely that this web site – or the notices to be posted thereon...
-
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)
Additional Information
The ADA states, ‘‘[i]t is the purpose of this [Act] (1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;...
-
Products and Additional Resources > Products
CaptionCall Phone with Captioning Service
As a provision of the Americans with Disabilities Act of 1990, the Federal Communications Commission (FCC) established a fund that gives individuals with hearing loss access to captioned...
-
Products and Additional Resources > Products
seca 684 r Digital Multifunctional Scale with 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....
-
State and Local Documents > Codes and Standards > 2022 California Standards
11B-202.5 Alterations to qualified historic buildings and facilities
These regulations require public entities that operate historic preservation programs to give priority to methods that provide physical access to individuals with disabilities....
-
State and Local Documents > Codes and Standards > 2025 California Standards
11B-202.5 Alterations to qualified historic buildings and facilities
These regulations require public entities that operate historic preservation programs to give priority to methods that provide physical access to individuals with disabilities....
-
Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND COCONINO COUNTY REGARDING THE ACCESSIBILITY OF POLLING PLACES
TERMS OF SETTLEMENT
Accessible Voting Program
The County shall provide an accessible voting program, including a program that is accessible to persons with mobility or vision disabilities and accessible...
-
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....
-
Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
5. Exception from the Requirements of M302 for Weight Scales with Integral Seats
Four commenters responded: three concurred (an accessibility consultant, disability rights organization, and a state agency concerned with accessibility); and one commenter (a manufacturer...
-
Legal Documents > LEGAL OPINION - U.S. DEPARTMENT OF TRANSPORTATION OFFICE of GENERAL COUNSEL on 49 CFR 37.43(a)
II. Cost-disproportionality Is Only a Factor Under Certain Circumstances
A public entity is permitted to consider cost-disproportionality in determining whether to make an altered path of travel readily accessible to individuals with disabilities (including individuals...