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 > 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)
§104.4(b)(1)(ii)
(ii) Afford a qualified handicapped person an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others;
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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)
§104.4(b)(1)(vi)
(vi) Deny a qualified handicapped person the opportunity to participate as a member of planning or advisory boards; 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)
§104.4(b)(1)(i)
(i) Deny a qualified handicapped person the opportunity to participate in or benefit from the aid, benefit, or service;
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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)
§104.42(a) General
(a) General. Qualified handicapped persons may not, on the basis of handicap, be denied admission or be subjected to discrimination in admission or recruitment by a recipient 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)
§104.43 Treatment of students; general.
[45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000]
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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)
§104.4(b)(1)(iv)
(iv) Provide different or separate aid, benefits, or services to handicapped persons or to any class of handicapped persons unless such action is necessary to provide qualified...
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Federal Documents > Regulations > 24 CFR Part 8—Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of the Department of Housing and Urban Development (with amendments issued through Dec. 2007)
§8.4(b)(3)
(3) A recipient may not deny a qualified individual with handicaps the opportunity to participate in any federally assisted program or activity that is not separate or different...
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Federal Documents > Technical Assistance > ADA Guide for Places of Lodging: Serving Guests Who Are Blind or Who Have Low Vision
People Who Are Blind or Who Have Low Vision
People Who Are Blind or Who Have Low Vision
Approximately 2.5 million people in the United States are “legally blind” – meaning that even with corrective lenses, they have less...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Are airlines required to provide in-flight medical oxygen and, if so, may they charge passengers for providing medical oxygen?
QUESTION: I require medical oxygen when I travel by air. Are airlines required to provide in-flight medical oxygen and, if so, may they charge passengers for providing medical...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Are airlines allowed to require all passengers who are both deaf and blind to travel with an attendant?
QUESTION: Are airlines allowed to require all passengers who are both deaf and blind to travel with an attendant?
ANSWER: No. Airlines may not have a policy that requires all...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12112(d)(2)(B) Acceptable inquiry
(B) Acceptable inquiry
A covered entity may make preemployment inquiries into the ability of an applicant to perform job-related functions.
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Federal Documents > Technical Assistance > DOJ/DOE Joint Publication: Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools
Section 504 of the Rehabilitation Act (Section 504)
Section 504 of the Rehabilitation Act (Section 504)
Section 504 prohibits disability discrimination against qualified individuals with disabilities by recipients of Federal financial...
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Federal Documents > Technical Assistance > Expanding Your Market: Accessible Customer Service Practices for Hotel and Lodging Guests with Disabilities
Expanding Your Market: Accessible Customer Service Practices for Hotel and Lodging Guests with Disabilities
Department of Justice
Civil Rights Division
Disability Rights Section...
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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
VI. Relationship of This Regulation to Revisions to the Equal Employment Opportunity Commission’s ADA Title I Regulation Implementing the ADA Amendments Act of 2008
The EEOC is responsible for regulations implementing title I of the ADA addressing employment discrimination based on disability....
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Additional Access Publications > Health Access for Independent Living (HAIL) Fact Sheet: Working with Your Health Care Provider
Social Policy
Many people with disabilities are on Medicaid, with limited health care coverage that will not pay for many of their health care needs....
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Dispersion of Cells
The Department received a number of comments stating that dispersal of accessible cells together with an adequate number of accessible cells is necessary to prevent inmates with disabilities...
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Federal Documents > Technical Assistance > Guidance Questions and Answers Concerning 49 CFR Part 39, ADA Rules Concerning Passenger Vessels
QUESTION: WHAT ADVANCE NOTICE CAN A PVO REQUIRE IN ORDER TO PROVIDE A PARTICULAR AUXILIARY AID OR SERVICE?
The 72-hour time period stated in section 39.37(b) with groups of 10 or more persons with disabilities traveling together does not apply to requests for particular auxiliary aids and services...
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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)
Development of the 2004 ADA/ABA Guidelines
establishing an advisory committee composed of members of the design and construction industry, the building code community, and State and local government entities, as well as individuals with disabilities...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12112(b) Construction
(b) Construction
As used in subsection (a) of this section, the term "discriminate against a qualified individual on the basis of disability" includes...
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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
§ 35.108 Definition of ‘‘disability.’’
the definition of ‘‘disability.’’...
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Webinars, Videos, and Training > Demonstrations of ADA Requirements
NYC Board of Elections: Video 2 - Communication and Etiquette Part 2
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
3.4 Some Basic Principles of Reasonable Accommodation
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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)(1)
(1) A public entity, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of disability --...
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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)(1)
(1) A public entity, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of disability—...