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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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 > 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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Webinars, Videos, and Training > Continuing education
Defining and Delivering Disability-Competent Care - The Individualized Plan of Care
This is the fifth webinar in Webinar Series #1, "Leading Healthcare Practices and Training: Defining and Delivering Disability-Competent Care". ...
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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.
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Federal Documents > Standards > 36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards)
§ 1194.1 Standards for Section 508 of the Rehabilitation Act.
The standards for information and communication technology developed, procured, maintained, or used by Federal agencies covered by Section 508 of the Rehabilitation Act are set forth...
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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)
§35.149 Discrimination prohibited (Section-by-Section Analysis)
§35.149 Discrimination prohibited. (Section-by-Section Analysis)
Section 35.149 states the general nondiscrimination principle underlying the program accessibility requirements of...
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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 > 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)
§ 36.101(a) Purpose
The purpose of this part is to implement subtitle A of title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181-12189), as amended by the ADA Amendments Act of 2008 (ADA...
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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...