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 > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through May 2016)
§382.133 What are the requirements concerning the evaluation and use of passenger-supplied electronic devices that assist passengers with respiration in the cabin during flight?
[Doc. No. FAA-2014-0554, 81 FR 33120, May 24, 2016]
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Additional Access Publications > Questions to Ask for Identifying Communication and Accommodation Needs
4. UNDERSTANDING, REMEMBERING, LEARNING, COMMUNICATING
Difficulty with:
Thinking of right words
Putting thoughts together
Following directions
Speaking clearly
Patient will need a family...
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Federal Documents > Technical Assistance > QUESTIONS AND ANSWERS: THE AMERICANS WITH DISABILITIES ACT AND HIRING POLICE OFFICERS
4. Q: But to limit the police department's liability, I need to get a medical approval that it's o.k. for a job applicant to take the physical fitness test. Doesn't the ADA create a catch-22 for police departments?
A: No, the ADA's prohibition on medical exams does not make it illegal for a police department to ask an applicant to provide a certification from a doctor that he or she can safely...
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Products and Additional Resources > Disability Etiquette > Communicating With and About People with Disabilities
Tips for Communicating with Individuals with Speech Impairments
If you do not understand something the individual says, do not pretend that you do. Ask the individual to repeat what he or she said and then repeat it back.
Be...
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Products and Additional Resources > Disability Etiquette > Communicating With and About People with Disabilities
Tips for Communicating with Individuals Who are Blind or Visually Impaired
Speak to the individual when you approach him or her.
State clearly who you are; speak in a normal tone of voice.
When conversing in a group, remember to...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
16. If, as a reasonable accommodation, an employer restructures an employee's job to eliminate some marginal functions, may the employer require the employee to take on other marginal functions that s/he can perform?
Yes. An employer may switch the marginal functions of two (or more) employees in order to restructure a job as a reasonable accommodation.
Example: A cleaning crew works in an...
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Research and History > Research Documents > Independent Wheelchair Transfers in the Built Environment: How Transfer Setup Impacts Performance Phase 2: Final Report
Participants
A total of 73 participants were enrolled consisting of 56 men and 17 women, with an average age of 45 ± 15 years, body weight of 176 ± 53 lbs and a height of 67±6 in. Women...
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Additional Access Publications > Emergency Health Information
More Information on Emergency Planning
What?
Information you can use to strengthen your emergency planning and to protect:
Your family,
Your health,
Your safety,
Your independence,...
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Additional Access Publications > Emergency Health Information
Emergency Health Information
*** View and download a blank Emergency Health Information sheet here. ***
It’s good practice to carry emergency health information containing your critical health information and...
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Additional Access Publications > Emergency Health Information
Sample Emergency Health Information
*** View and download the Sample Emergency Health Information sheet here. ***
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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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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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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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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...