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 > Title I Technical Assistance Manual
Who Must Comply with Title I of the ADA?
An employer cannot discriminate against qualified applicants and employees on the basis of disability....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Reasonable Accommodation
Reasonable accommodation is any change in the work environment or in the way things are usually done that results in equal employment opportunity for an individual with a disability....
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
25. Is a probationary employee entitled to reassignment?
An employee with a disability is eligible for reassignment to a new position, regardless of whether s/he is considered "probationary," as long as the employee adequately performed the essential...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12111(9)(A)
(A) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12111(9)(A)
(A) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12210(b) Rules of Construction
.-- Nothing in subsection (a) shall be construed to exclude as an individual with a disability an individual who--...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12210(b) Rules of construction
(b) Rules of construction
Nothing in subsection (a) of this section shall be construed to exclude as an individual with a disability an individual who...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
Reasonable Accommodation
Finally, a reasonable accommodation allows an employee with a disability an equal opportunity to enjoy the benefits and privileges of employment that employees without disabilities enjoy...
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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)
Companions. (Section-by-Section Analysis)
and their companions who are individuals with disabilities." ...
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Federal Documents > Technical Assistance > Expanding Your Market: Maintaining Accessible Features in Retail Establishments
Expanding Your Market: Maintaining Accessible Features in Retail Establishments
Department of Justice
Civil Rights Division
Disability Rights Section...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-4.1000 General
Beginning January 26, 1992, title II prohibits all public entities, regardless of size of workforce, from discriminating in their employment practices against qualified individuals with disabilities...
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Federal Documents > Technical Assistance > Employer-Provided Leave and the Americans with Disabilities Act
Return to Work and Reasonable Accommodation (Including Reassignment)
Return to Work and Reasonable Accommodation (Including Reassignment)
Employees on leave for a disability may request reasonable accommodation in order to return to work....
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Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
Concerns about Safety
Instead, the employer should evaluate each individual on her skills, knowledge, experience, and how the hearing disability affects her....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1. Before making a job offer
At this stage, an employer:
may ask questions about an applicant's ability to perform specific job functions;
may not make an inquiry about a disability;
may make...
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Webinars, Videos, and Training > Spirit of the ADA
The 10 Commandments for Communicating with People who Have Disabilities Video
The 10 Commandments for Communicating with People who Have Disabilities (Source: National Center for Access Unlimited)....
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Federal Documents > Technical Assistance > Statement of the Department of Justice on Application of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. to State and Local Governments’ Employment Service Systems for Individuals with Disabilities
9. Is the ADA limited to segregation in employment settings when the same individuals are also subject to segregation in other settings during the day, like facility-based day programs?
If individuals with disabilities are unnecessarily segregated in sheltered workshops for part of the day and in segregated facility-based day programs for other parts of the day or week,...
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Webinars, Videos, and Training > Spirit of the ADA
Isn't it a pity? The real problem with special needs | Torrie Dunlap | TED Talks
This talk was given at a local TEDx event, produced independently of the TED Conferences. Kids with special needs are marginalized in our communities, and we are doing it with the...
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Scenario 11 – Retaliation
Chen, the mother of a student with a disability, complained privately to the principal that her daughter and other students with disabilities are not receiving an appropriate education at...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Medical Certificate and a Passenger with a Communicable Disease or Infection
[Sec. 382.53(c)(2)]
In the event that you determine the need for a medical certificate, you should indicate to the passenger with a disability the reason for the request....
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Federal Documents > Technical Assistance > Commonly Asked Questions About the Americans with Disabilities Act and Law Enforcement
1. Q: What is the ADA?
A: The Americans with Disabilities Act (ADA) is a Federal civil rights law....
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Federal Documents > Technical Assistance > Employer-Provided Leave and the Americans with Disabilities Act
Issues Related to the Interactive Process and Return to Work
Example 15: An employee with a disability has been out on leave for three months....
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Webinars, Videos, and Training > Continuing education
Defining and Delivering Disability-Competent Care - Flexible Long Term Services and Supports
This is the seventh webinar in the Webinar Series #1, "Leading Healthcare Practices and Training: Defining and Delivering Disability-Competent Care"....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
ADA Technical Assistance Manual Addendum (10/29/02)
ADA TECHNICAL ASSISTANCE MANUAL ADDENDUM
Notice Concerning The Americans With Disabilities Act Amendments Act Of 2008
The Americans with Disabilities Act (ADA) Amendments Act of...
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Additional Access Publications > Accommodation and Compliance Series: Employees with Autism Spectrum Disorder
Accommodation and Compliance Series: Employees with Autism Spectrum Disorder
Department of Labor's Office of Disability Employment Policy...