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.
-
Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
c) Aquatic Program
Kimbrough complained that the ramp at Balboa Pool is too steep for her younger disabled daughter to access the pool area and watch her sister take swim lessons....
-
Legal Documents > National Association of the Deaf, Western Massachusetts Association of the Deaf and Hearing Impaired, and Lee Nettles, Plaintiffs v. NETFLIX, INC., Defendant - Statement of Interest
1. Carparts Held That Public Accommodations are Not Limited to Physical Structures
The Court also found that its conclusion was consistent with the legislative history of the ADA, given “Congress’s intent that individuals with disabilities fully enjoy the goods, services...
-
Federal Documents > Preamble to Regulations > 14 CFR Parts 382 and 399; 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Air Travel: Accessibility of Web Sites and Automated Kiosks at U.S. Airports - Preamble
Retrofitting Kiosks
Comments: Most disability advocacy organizations, individual commenters who self-identified as having a disability, and some commenters from the general public supported an interim requirement...
-
Research and History > Research Documents > The Impact of Transfer Setup on the Performance of Independent Transfers: Phase I Final Report
Study limitations
7.9%
Asian Pacific Islander
2.5%
1.9%
Other
-
3.9%
Disability...
-
Federal Documents > Preamble to Regulations > 14 CFR Parts 382 and 399; 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Air Travel: Accessibility of Web Sites and Automated Kiosks at U.S. Airports - Preamble
6. Compliance Monitoring
Yet another suggestion was that the Department require carriers to establish disability teams to conduct an annual or biannual assessment of their Web sites for accessibility barriers and...
-
Federal Documents > Preamble to Guidelines > 36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines) - Preamble
Wheelchair Securement Systems
Commenters who supported this proposal included several vehicle manufacturers, three public transit agencies, an individual with a disability, and an accessibility consultant....
-
Additional Access Publications > New Accessible Handpump for Campgrounds
New Accessible Handpump for Campgrounds
The Missoula Technology and Development Center (MTDC) conducted an indepth market search and found no hand-operated water pumps meeting the Americans With Disabilities Act (ADA) standards...
-
Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND OLYMPIA ENTERTAINMENT, INC. REGARDING JOE LOUIS ARENA
VI. IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT
This Settlement Agreement is limited to the facts set forth herein and it does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other Federal...
-
Research and History > Research Documents > Visual Detection of Detectable Warning Materials by Pedestrians with Visual Impairments - Final Report
1.2 Background
In this report, the terms “detectable warning” and “detectable warning surface” refer to the standard truncated dome surfaces described in the Americans with Disabilities Act Accessibility...
-
Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)
Choice of Option One for Defining "Designed and Constructed for First Occupancy'' (Section-By-Section Analysis and Response to Comments)
Most business groups and some disability rights groups favored Option One, and some business groups and most disability rights groups favored Option Two....
-
Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-7.1000 Equally effective communication
A public entity must ensure that its communications with individuals with disabilities are as effective as communications with others....
-
Accessibility Specialists
Mark Hulme
While the Americans with Disabilities Act (ADA) and Federal Fair Housing Act (FFHA) are more than 25 years old, accessibility compliance remains a challenging prospect for many property...
-
Accessibility Specialists
Arturo Avila
With over 20 years of experience in the design field, Arturo has a deep understanding of the importance of accessibility and its impact on individuals with disabilities....
-
Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.2(h) Physical or Mental Impairment
However, a pregnancy-related impairment that substantially limits a major life activity is a disability under the first prong of the definition....
-
State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-242.2 Swimming pools
Providing different means of access will better serve the varying needs of people with disabilities in getting into and out of a swimming pool....
-
Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Shower Compartments
to existing facilities, where recessing the compartment to achieve a ½-inch curb will disturb the structural reinforcement of the floor slab, will impair the ability of individuals with disabilities...
-
Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
12. Does an employer have to grant every request for a reasonable accommodation?
Example 18: An employee with a bilateral hearing disability requests use of communication access real-time translation (CART) for an upcoming training....
-
State and Local Documents > Codes and Standards > 2010 California Standards for Accessible Design (excerpts relating to Safe Harbors only)
1133B.2.3.2
The provisions of Section 1133B.2.3 shall not apply to existing buildings, except when otherwise required under conditions applicable to access for persons with disabilities....
-
Federal Documents > Technical Assistance > Expanding Your Market: Maintaining Accessible Features in Retail Establishments
Accessible Route Into and Through the Business
Customers with disabilities will not be able to shop in a store if the route through an entry plaza is too narrow because of a display of snow blowers, if the maneuvering clearance alongside...
-
Rulemaking Process Documents > Committee Activity and Reports > Recommendations on Standards for the Design of Medical Diagnostic Equipment for Adults with Disabilities, Advisory Committee Final Report
2.4.3 Impetus for Manufacturers to Improve MDE Accessibility
., by asking persons with disabilities to test different design options)....
-
Federal Documents > Technical Assistance > Technical Bulletin: Ground and Floor Surfaces
What surface characteristics are required of an accessible route?
The Americans with Disabilities Act Accessibility Guidelines (ADAAG) requires only that newly-constructed or altered ground and floor surfaces of accessible routes on sites and in buildings...
-
Legal Documents > United States of America v. The International Spy Museum - Settlement Agreement
Auxiliary Aids and Services
Most of the information is not tactile or provided in an alternate way for individuals with disabilities and the tactile experiences currently available for some exhibits are limited in...
-
Research and History > Regulations and Standards History > Stabilized Engineered Wood Fiber for Accessible Trails
Literature Cited
Americans with Disabilities Act, Public Law 336, 101st Congress, enacted July 26, 1990.
ASTM. 1995....
-
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)
Element-by-element safe harbor for public accommodations. (Section-by-Section Analysis)
incremental benefit of the revisions may be minimal with respect to some elements, with respect to others the proposed standards may confer a significant benefit on some individuals with disabilities...