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 > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
27. Is an employer's obligation to offer reassignment to a vacant position limited to those vacancies within an employee's office, . . . or geographical area?
. \ Furthermore, the ADA requires employers to provide reasonable accommodations, including reassignment, regardless of whether such accommodations are routinely granted to non-disabled...
-
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)
Definitions of residential facilities and transient lodging. (Section-by-Section Analysis)
The Department believes that the coordination of the Fair Housing Act with other applicable disability rights statutes is within the jurisdiction of HUD, which is the agency charged with...
-
Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Definitions of residential facilities and transient lodging. (Section-by-Section Analysis)
The Department believes that the coordination of the Fair Housing Act with the other applicable disability rights statutes is within the jurisdiction of HUD. ...
-
Federal Documents > Preamble to Guidelines > 24 CFR Part 100—Fair Housing Accessibility Guidelines, Preamble
Compliance Problems Due to Lack of Accessibility Guidelines
The delay in publication of the final Guidelines also is attributable in part to the Department's effort to develop Guidelines that would (1) ensure that persons with disabilities are afforded...
-
Federal Documents > Preamble to Guidelines > 24 CFR Part 100—Fair Housing Accessibility Guidelines, Preamble
Bathroom
These commenters stated that persons with disabilities should have access to all bathrooms in their homes, not only full bathrooms....
-
Federal Documents > Preamble to Guidelines > 24 CFR Part 100—Fair Housing Accessibility Guidelines, Preamble
Conflict with Local Accessibility Codes
This principle is equally applicable when multifamily dwellings are subject to more than one Federal law requiring accessibility for persons with physical disabilities....
-
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)
Legal standard for other power-driven mobility devices. (Section-by-Section Analysis)
that a public accommodation ‘‘shall make reasonable modifications in its policies, practices, and procedures to permit the use of other power-driven mobility devices by individuals with disabilities...
-
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)
General description of monetized benefits for water closet clearance in single-user toilet rooms—in-swinging doors (Req. # 32)
tend to be larger (in terms of square footage) in order to accommodate clearance for the in-swinging door and, thus, are already likely to have adequate clear floor space for persons with disabilities...
-
State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
233.1 General
Section 233 outlines the requirements for residential facilities subject to the Americans with Disabilities Act of 1990....
-
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
A. Format and Organization
This organization is consistent with the approach used by the Access Board since the issuance of its Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines...
-
Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
C204.1 General (Section-by-Section Analysis)
applicable in the proposed 508 Standards, the exception for commercial non-availability would apply (under proposed E202.6.2), thereby requiring a federal agency to provide a user with disabilities...
-
Additional Access Publications > Inclusive Event Procedures for Emergencies
Checklist for Inclusive Emergency Safety Briefings for Attendees
During the September 11, 2001 evacuation of the World Trade Center towers, people with disabilities directed to wait in these areas for evacuation help from fire fighters died. ...
-
Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture (ANPRM)
I. Electronic Submission of Comments and Posting of Public Comments
Comments on this ANPRM will also be made available for public viewing by appointment at the Disability Rights Section, located at 1425 New York Avenue, N.W., Suite 4039, Washington, D.C....
-
Legal Documents > United States of America v. Humboldt County, California - Settlement Agreement
Q. COMPLIANCE
Department of Justice, Civil Rights Division, Disability Rights Section, Attn: Dov Lutzker, Trial Attorney, 1425 New York Avenue, NW, Washington, DC 20005, or by email at dov.lutzker@usdoj.gov...
-
Regulatory Support Documents > Regulatory Impact Analyses > Final Regulatory Assessment and Final Regulatory Flexibility Analysis Final Rule - Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description
3.4.1. Captioning Hardware Unit Costs
Average (All Technologies)
$912
Source: NATO, Statement of Position on RIN 1190-AA63, CRT Docket No. 126, Nondiscrimination on the Basis of Disability...
-
Research and History > Research Documents > Anthropometry for Persons with Disabilities
References
Goswami A, Ganguli S, and Chatterjee BB (1987) Anthropometric Characteristics of Disabled and Normal Indian Men. Ergonomics, 30(5):817‒823....
-
Additional Access Publications > A Guide to Planning Accessible Meetings
Invisible Wounds: Emerging Promising Practices for Meeting Planners
Service animals are addressed by the ADA and are increasingly used by those with invisible wounds and other disabilities....
-
Federal Documents > Technical Assistance > DOT Memorandum: INFORMATION: Snow Removal on Sidewalks Constructed with Federal Funding
DOT Memorandum: INFORMATION: Snow Removal on Sidewalks Constructed with Federal Funding
In accordance with 28 CFR § 35.133, a public agency must maintain its walkways in an accessible condition for all pedestrians, including persons with disabilities, with only isolated or...
-
Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ATLANTA'S JOHN MARSHALL LAW SCHOOL UNDER THE AMERICANS WITH DISABILITIES ACT
TITLE III COVERAGE AND FINDING
Under title III of the ADA, no person who owns, leases (or leases to), or operates a place of public accommodation may discriminate against an individual on the basis of disability in the...
-
Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND EDX INC. UNDER THE AMERICANS WITH DISABILITIES ACT
REPORTING AND ENFORCEMENT
potential violations of the ADA or any other federal or state law, other than those relating to the accessibility of www.edx.org, its mobile applications, and its Platform to individuals with disabilities...
-
State and Local Documents > Guidelines > 36 CFR Part 1191 ABA Accessibility Guidelines, Outdoor Developed Areas
§1191.1(b)
Deputy Secretary of Defense Memorandum dated October 31, 2008, Access for People with Disabilities [available on the Internet at: http://www.access-board.gov/guidelines-and-standards/buildings-and-sites...
-
Research and History > Research Documents > Exhibit Design Relating to Low Vision and Blindness: Current Media Technology, Appropriate Application of Technology, Future Research Needs
Future Research Needs
must be grounded in well-documented user needs and should build capacity within resource-constrained cultural institutions to cost-effectively address the needs of people with sensory disabilities...
-
Research and History > Research Documents > A Longitudinal Study of Playground Surfaces to Evaluate Accessibility - Final Report
Selection of Playgrounds
Selection was based upon: accessibility to children with and without disabilities; use of surface materials and products consistent with the study; geographic location; seasonal weather...
-
Regulatory Support Documents > Regulatory Impact Analyses > Final Regulatory Assessment and Final Regulatory Flexibility Analysis Final Rule - Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description
3.2.2.3. High Accessibility Baseline
=
91.6%
36,053
* NATO, 2015 Accessibility Survey (2015) on RIN 1190-AA63, CRT Docket No. 126, Nondiscrimination on the Basis of Disability...