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 37.41 Construction of Transportation Facilities by Public Entities
Facilities by Public Entities
Section 37.41 contains the general requirement that all new facilities constructed after January 25, 1992, be accessible to and usable by individuals with disabilities...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Section 37.57 Required Cooperation
provided as an example of an action under this provision a situation in which a failure to cooperate leads to a construction delay, which in turn leads to a lawsuit by an individual with disabilities...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-5.5000 Historic preservation programs
In achieving program accessibility in historic preservation programs, a public entity must give priority to methods that provide physical access to individuals with disabilities....
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State and Local Documents > Codes and Standards > 2019 California Standards
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 > 2019 California Standards
ICC/IBC
emergency evacuation, evacuation elevators are designed with standby power and other features according to the elevator safety standard and can be used for the evacuation of individuals with disabilities...
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Accessibility Specialists
Marc Dubin, Esq.
I served as a Senior Trial Attorney in the Disability Rights Section of the Justice Department, responsible for nationwide enforcement of the ADA and Section 504 on behalf of the United...
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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)
Section 36.406(e) Housing at a Place of Education (Section-by-Section Analysis)
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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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND FILL BUILDING ASSOCIATES, LLC, d/b/a FILL BUILDING EAST
BACKGROUND
Specifically, the complaint alleged that patients of the Michigan Institute for Neurological Disorders who have mobility disabilities cannot access their physician's office, located in Suite...
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-233.1 General
The definition for “Public Housing” in Chapter 2 of the California Building Code (CBC) is based on the Americans with Disabilities Act (ADA) and the 2010 ADA Standards for Accessible Design...
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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)
Lines of Sight for Wheelchair Spaces
Disability groups and persons with disabilities strongly favored such a change to ensure equivalency in the viewing experience....
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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)
Subpart F-Certification of State Laws or Local Building Codes (Section-by-Section Analysis)
Many commenters, including business organizations, a professional association, disability rights groups, and individuals with disabilities, urged that the Department take steps overall to...
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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)
Other Information for Individuals with Hearing or Vision Impairments
One carrier suggested that the emphasis should be not on how swiftly carriers can transmit the information to the disabled passenger but on when the passenger needs to have it....
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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)
Movie Captioning Coverage (Section-by-Section Analysis)
To that end, and as stated previously, the ADA prohibits public accommodations such as movie theaters from affording individuals with disabilities an unequal or lesser service than that...
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Products and Additional Resources > Products
Beneficial Designs The Universal Trail Assessment Process (UTAP)
interpretive information about the trail environment
enhance trail access and use for a wide variety of users, including older adults, inexperienced users, families and people with disabilities...
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Products and Additional Resources > Products
NuStep T4r Recumbent Cross Trainer
T4r combines lower and upper body movement for a full body workout, building strength and invigorating users such as those with disabilities, in rehabilitation or desiring health and wellness...
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Webinars, Videos, and Training > Spirit of the ADA
#CripTheVoteStories with Vilissa K. Thompson
Rooted in Rights and the organizers of #CripTheVote created a series of short videos featuring the disability community....
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Webinars, Videos, and Training > Spirit of the ADA
Maysoon Zayid: I got 99 problems... palsy is just one
With grace and wit, the Arab-American comedian takes us on a whistle-stop tour of her adventures as an actress, stand-up comic, philanthropist and advocate for the disabled....
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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)
Stowage of Wheelchairs and Mobility Aids
Indeed, it is more properly regarded as a higher standard, since it ensures service to passengers with disabilities that the ICAO/IATA materials leave to carrier discretion....
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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)
233 Residential Facilities
Requirements for residential facilities address access for persons with disabilities, including persons with mobility impairments and those who are deaf or hard of hearing....
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Federal Documents > Preamble to Guidelines > 24 CFR Part 100—Fair Housing Accessibility Guidelines, Preamble
Guidelines for Requirement 2
The steps in this case should meet the ANSI specification since they will be used by people with particular disabilities for whom steps are more usable than ramps....
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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)
Assistive listening systems. (Section-by-Section Analysis)
Requiring ALS may allow individuals with disabilities to contribute to the community by joining in government and public events, and through increased economic activity associated with community...
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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)
R202 Alterations and Elements Added to Existing Facilities (Section-by-Section Analysis)
resurfacing” when they conduct rulemaking to include accessibility standards for pedestrian facilities in the public right-of-way in regulations implementing Title II of the Americans with Disabilities...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
F. Paperwork Reduction Act
More specifically, the proposed rule requires covered manufacturers, when providing support documentation and services, to ensure accessibility for individuals with disabilities with respect...
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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)
Assistive listening systems. (Section-by-Section Analysis)
Requiring ALS may allow individuals with disabilities to contribute to the community by joining in government and public events, and increasing economic activity associated with community...