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 > 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...
-
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...
-
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)
Safe harbor and other proposed limitations on barrier removal.
The Department seeks to strike an appropriate balance between ensuring that people with disabilities are provided access to buildings and facilities and potential financial burdens on existing...
-
Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments
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....
-
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)
Development of the 2004 ADA/ABA Guidelines
establishing an advisory committee composed of members of the design and construction industry, the building code community, and State and local government entities, as well as individuals with disabilities...
-
Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND HARRIS COUNTY, TEXAS
B. Survey and Review of Polling Place Locations
Harris County shall revise its policies, practices, and procedures to select facilities to be used as polling places that do not exclude qualified individuals with disabilities from...
-
Research and History > Research Documents > Exhibit Design Relating to Low Vision and Blindness Summary Report
Introduction
A one-day workshop was conducted in August 2009 in conjunction with the Leadership Exchange in Arts and Disability (LEAD) national conference....
-
Federal Documents > Preamble to Regulations > 36 CFR Part 1194 - Information and Communication Technology (ICT) Final Standards and Guidelines Jan. 2018 Amendments - Preamble
1. Background
., teletypewriters) – which were developed in the 1970s – allow persons with hearing- or speech-related disabilities to send and receive text communications over telephone networks....
-
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
II. Summary of Regulatory Assessment
As noted above, Congress enacted the ADA Amendments Act in 2008 to ensure that persons with disabilities who were denied coverage previously under the ADA would again be able to rely on...
-
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....
-
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....