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 II Technical Assistance Manual
II-3.7100 Contracting
A public entity may not discriminate on the basis of disability in contracting for the purchase of goods and services....
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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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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
Sections 35.108(a)(1) and 36.105(a)(1) Definition of ‘‘disability’’—General
Sections 35.108(a)(1) and 36.105(a)(1) Definition of ‘‘disability’’—General
In the ADA, Congress originally defined ‘‘disability’’ as ‘‘(A) a physical or mental impairment that substantially...
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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
8. What is an Olmstead Plan in the state and local government employment service system context?
A: An Olmstead plan is a public entity’s plan for implementing its legal obligation to provide services to individuals with disabilities in the most integrated setting appropriate.35 To...
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Webinars, Videos, and Training > Spirit of the ADA
Meet Ish Cast Video (with open captions and audio introduction)
Army veteran with service-connected disabilities who was able to return to work thanks to support from his family, employer, coworkers and healthcare providers....
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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)(7)(ii)
(ii) A public entity is not required to provide a reasonable modification to an individual who meets the definition of “disability” solely under the “regarded as” prong of the definition...
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Webinars, Videos, and Training > Spirit of the ADA
No Barriers USA - The Lives We Changed in 2015
In 2015, we changed 2,822 lives. Heres a few of those stories. Join the movement at www.nobarriersusa.org.
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Federal Documents > Technical Assistance > Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
1.3 Architectural Standards.
The following architectural standards were used as a basis for this AC:
1.3.1 Americans with Disabilities Act ADA Standards for Accessible Design....
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Episodic impairments
If an impairment only occurs periodically (that is, it is episodic) or is in remission, it is a disability if, when in an active phase, it would substantially limit a major life activity...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Requests for Seat Assignments by a Passenger Accompanied by a Service Animal
Requests for Seat Assignments by a Passenger Accompanied by a Service Animal
For a disabled passenger traveling with a service animal, you must provide, as the passenger with a disability...
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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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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND BLOCKBUSTER INC.DEPARTMENT OF JUSTICE COMPLAINT NUMBER 202-35-231
Training
maintain accessible features;
Instruction on Blockbuster´s policy related to the ADA and service animals;
Instruction on procedures to ensure that customers with disabilities...
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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)
34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
TITLE 34 EDUCATION
SUBTITLE B REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION
CHAPTER I -- OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION
PART 104 --...
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Additional Access Publications > Testimony of John L. Wodatch Before the Foreign Relations Committee Of the United States Senate
II. Reservations, Understandings, and Declarations
is exclusively a nondiscrimination treaty, i.e., the Disabilities Convention seeks to ensure that persons with disabilities enjoy the same rights as everyone else and are given the same...
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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)(6) (Section-by-Section Analysis)
Paragraph (b)(6) prohibits the public entity from discriminating against qualified individuals with disabilities on the basis of disability in the granting of licenses or certification....
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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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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Physical and Mental Qualification Standards
However, as with other job qualification standards, if a physical or mental qualification standard screens out an individual with a disability or a class of individuals with disabilities...
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Federal Documents > Technical Assistance > Protecting the Rights of Parents and Prospective Parents with Disabilities: Technical Assistance for State and Local Child Welfare Agencies and Courts
Application
Individuals with disabilities must be treated on a case-by-case basis consistent with facts and objective evidence.20 Persons with disabilities may not be treated on the basis of generalizations...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-3.7200 Licensing
A public entity may not discriminate on the basis of disability in its licensing, certification, and regulatory activities....
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Federal Documents > Regulations > 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through Aug. 2015)
§27.1 Purpose.
The purpose of this part is to carry out the intent of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as amended, to the end that no otherwise qualified individual with a disability...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
Two: Does the impairment limit any major life activities?
An impairment cannot be a disability unless it limits something, and that something is one or more major life activities....
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Federal Documents > Technical Assistance > Employer-Provided Leave and the Americans with Disabilities Act
Types of Maximum Leave Policies
Employees with disabilities are not exempt from these policies as a general rule....
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Grass Roots Activism
People with disabilities had the same desire to fly....