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 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...
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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....
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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)
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...
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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...
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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....
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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....
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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
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...
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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....
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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 > 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....
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Shower and Sauna Doors in Transient Lodging Facilities
Congress directed this requirement to be included so that individuals with disabilities could visit guests in other rooms. See H. Rept. 101‒485, pt. 2, at 118 (1990); S....
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Audible Communication
The Department believes that the reduction in the required number of assistive listening systems for larger assembly areas will meet the needs of individuals with disabilities....
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Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
V. Description of Steps Taken to Minimize the Significant Economic Impact Consistent with the Stated Objectives and Significant Alternatives Considered and Rejected.
telecommunications equipment, customer premises equipment, specialized customer premises equipment, peripheral devices, and software; organizations representing the access needs of individuals with disabilities...
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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)
Dispersion
People with disabilities, especially those who traveled with attendants, felt that bed type or size was not as important as the number of beds.
Response....
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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 July 2003)
§ 382.63 Carrier programs
following elements:
(1) The carrier’s schedule for training its personnel in compliance with § 382.61;
(2) The carrier’s policies and procedures for accommodating passengers with a disability...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
[2010 ADAS] 105.2.4 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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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)
"Qualified interpreter.'' (Preamble, Section-by-Section Analysis)
definition focuses on the actual ability of the interpreter in a particular interpreting context to facilitate effective communication between the public accommodation and the individual with disabilities...
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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)
Number of Accessible Entrances
Many persons with disabilities urged the Board to increase this scoping so that they have equal access in terms of convenience, entry options, travel distances, and proximity to accessible...
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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)
213 Toilet Facilities and Bathing Facilities
Comments from people with disabilities strongly opposed this reduction in access from the original ADAAG, which required all to be accessible....
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Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
F105.2.4 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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Federal Documents > Preamble to Guidelines > 36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)
Dispersion
Commenters with disabilities supported a requirement for dispersion of accessible sleeping rooms among all types of medical specialty areas, such as obstetrics, orthopedics, pediatrics,...
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State and Local Documents > Guidelines > Accessible Sports Facilities - A Summary of Accessibility Guidelines for Recreation Facilities
Accessible Sports Facilities
The promise of the ADA...has enabled people with disabilities to enjoy much greater access to a wide range of affordable travel, recreational opportunities and life-enriching services."...
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State and Local Documents > Guidelines > Accessible Sports Facilities - A Summary of Accessibility Guidelines for Recreation Facilities
Exercise Equipment and Machines
Designers and operators are encouraged to select exercise equipment that provides fitness opportunities for persons with lower body extremity disabilities....
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Federal Documents > Preamble to Regulations > 28 CFR Part 35, Appendix B: 1991 ADA Title II Regulations Preamble and Section-by-Section Analysis
§35.134 Retaliation or Coercion
For example, it would be a violation of the Act and this part for a private individual to harass or intimidate an individual with a disability in an effort to prevent that individual from...