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 > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Carrying Assistive Devices and Keeping Them Near You
Carrying Assistive Devices and Keeping Them Near You
Carrying medicine or other assistive devices like syringes as a carry-on item that you may need in the case of a flight...
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Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.12(d)
(d) A recipient may not deny any employment opportunity to a qualified handicapped employee or applicant if the basis for the denial is the need to make reasonable accommodation to...
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Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.14 Preemployment inquiries.
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Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.43(b)
(b) A recipient to which this subpart applies that considers participation by students in education programs or activities not operated wholly by the recipient as part of, or...
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Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.44(a) Academic requirements
(a) Academic requirements. A recipient to which this subpart applies shall make such modifications to its academic requirements as are necessary to ensure that such requirements do...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12111(8) Qualified individual
(8) Qualified individual
The term "qualified individual" means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
SUBCHAPTER I - EMPLOYMENT [Title I]
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§35.130(b)(3)
(3) A public entity may not, directly or through contractual or other arrangements, utilize criteria or methods of administration:
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Federal Documents > Regulations > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§1630.15 Defenses.
[56 FR 35734, July 26, 1991, as amended at 76 FR 17003, Mar. 25, 2011]
Defenses to an allegation of discrimination under this part may include, but are not limited to, the...
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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)
§ 35.130(b)(3)
(3) A public entity may not, directly or through contractual or other arrangements, utilize criteria or methods of administration:
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Webinars, Videos, and Training > Spirit of the ADA
How Crime Affects People With Disabilities Video PSA Part 1
"The Time Is Now" helps crime victim service providers reach out and serve people with disabilities....
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Webinars, Videos, and Training > Spirit of the ADA
How Crime Affects People With Disabilities Video PSA Part 2
"The Time Is Now" helps crime victim service providers reach out and serve people with disabilities....
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Additional Access Publications > Proceedings of: Workshop on Improving Building Design for Persons with Low Vision
Debra E. Babcock, PMP: Information Center for Accessibility Needs (iCAN) at IRS
iCAN instituted to streamline solutions and assistance for employees with disabilities (slide 1).
IRS has approximately 10,000 employees with disabilities....
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Federal Documents > Technical Assistance > ADA Update - A Primer for Small Business
Policies and Procedures
Customers with disabilities may need different types of assistance to access your goods and services....
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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
III. Background
Within this framework, with its generous and inclusive definition of disability, courts treated the determination of disability as a threshold issue but focused primarily on whether unlawful...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
B. Restrooms
The following is provided to assist manufacturers and designers to create restrooms which can be used by people with disabilities....
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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 (2008 Title III NPRM)
§ 36.311(d) Inquiry into use of mobility device
A public accommodation may ask a person using a power-driven mobility device if the mobility device is required because of the person's disability. ...
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Webinars, Videos, and Training > Demonstrations by Persons with Disabilities
What Not To Do...In A Job Interview - in partnership with Scope - About Disability
In this film for Scope's #EndTheAwkward campaign, Alex Brooker reacts to hidden camera set-ups exposing how awkward we are around disability....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.137(d) Inquiry into use of power-driven mobility device
A public entity may ask a person using a power-driven mobility device if the mobility device is needed due to the person's disability. ...
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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)
382.91 What assistance must carriers provide to passengers with a disability in moving within the terminal?
382.91 What assistance must carriers provide to passengers with a disability in moving within the terminal?...
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Federal Documents > Technical Assistance > Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools
Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools
requests for technical assistance, the Office for Civil Rights (OCR) has determined that school officials would benefit from additional guidance concerning the effects of the Americans with Disabilities...
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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)
§ 382.45 Passenger information
A carrier shall make available, on request, the following information concerning facilities and services related to the provision of air transportation to qualified individuals with a disability...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual - 1994 Supplement
II-5.1000 General.
[Insert the following text before the question, "Can back doors . . . ?" p. 22.]
Does the program accessibility requirement prevent a public entity from renting existing...
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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
§35.149 Discrimination Prohibited
§35.149 Discrimination Prohibited
Section 35.149 states the general nondiscrimination principle underlying the program accessibility requirements of §§ 35.150 and 35.151.