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 > Preamble to Guidelines > 24 CFR Part 100—Fair Housing Accessibility Guidelines, Preamble
Changes in Level within a Dwelling Unit
housing costs for everyone; defeat the purpose of having multilevel units, which is to provide additional space at a lower cost; eliminate multilevel designs which may be desirable to disabled...
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Legal Documents > United States of America v. State of Florida - Final Order of Dismissal
A.
One of the ADA's core concerns is the treatment of disabled persons confined in institutions. See 42 U.S.C. §§12101(a)(2),(3),& (5); Olmstead, 527 U.S. at 589 n.1....
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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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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 > 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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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
E202 General Exceptions (Section-by-Section Analysis)
1194.3(d) of the existing 508 Standards, which provides that when agencies provide the public access to ICT, they are not required to make agency-owned ICT available to individuals with disabilities...
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Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
Covered Entities
equipment are required by §255 of the Telecommunications Act of 1966 to "ensure that the equipment is designed, developed and fabricated to be accessible to and usable by individuals with disabilities...
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Passenger Loading Zones
the 2010 Standards stating that the requirements for an access aisle, width, length, and marking of passenger loading zones are not clear, do not fully meet the needs of individuals 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
5. Costs of the Proposed Rule
Unquantified Costs of the Proposed Rule
Possible increase in federal government expenditures to provide accommodations if the government hires more people with addressable disabilities...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
10.4 Coordination Procedures to Avoid Duplicative Complaint Processing Under the ADA and the Rehabilitation Act
The joint EEOC-OFCCP rule provides that a complaint of discrimination on the basis of disability filed with OFCCP under Section 503 will be considered a charge filed simultaneously under...
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Federal Documents > Technical Assistance > Questions and Answers: The ADA and Persons with HIV/AIDS
What types of communication aids and services would a public accommodation be required to provide to persons with HIV or AIDS?
A public accommodation is required to provide auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities, unless an undue burden (that...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-1008.4.2 Clear floor or ground space
This will enhance the ability of children with disabilities to independently use the play component....
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual - 1994 Supplement
II-7.1000 Equally effective communication.
Courtroom spectators with disabilities are also participants in the court program and are entitled to such aids or services as will afford them an equal opportunity to follow the court proceedings...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description Final Rule
B. The 2010 Advance Notice of Proposed Rulemaking on Captioning and Video Description
public accommodations due to the downturn in the economy over the ensuing 2 years, the Department published the Advance Notice of Proposed Rulemaking, Nondiscrimination on the Basis of Disability...
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Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
Market Monitoring Report
For example, the National Institute on Disability and Rehabilitation Research (NIDRR) funds a variety of research projects and centers, including a research center devoted to telecommunications...