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 > 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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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 > QUESTIONS AND ANSWERS: THE AMERICANS WITH DISABILITIES ACT AND HIRING POLICE OFFICERS
QUESTIONS AND ANSWERS: THE AMERICANS WITH DISABILITIES ACT AND HIRING POLICE OFFICERS
Department of Justice
Civil Rights Division
Disability Rights Section
QUESTIONS AND ANSWERS: THE AMERICANS WITH DISABILITIES ACT AND HIRING POLICE OFFICERS
The...
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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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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
3.4 Some Basic Principles of Reasonable Accommodation
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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)
Training
disability groups for consultation (in many cases, U.S....
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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—...
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Scenario 7 – Reevaluations and FAPE
Salim is a student with a disability and he has a Section 504 plan. At the start of the spring semester, he received an out-of-school suspension for 12 consecutive school days....
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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)
§382.117(b)
(b) You must permit the service animal to accompany the passenger with a disability at any seat in which the passenger sits, unless the animal obstructs an aisle or other area that must...
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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
7. Are there any other instances when an employer may ask an employee with a hearing impairment about her condition?
See Question 22 in EEOC Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the ADA, http://www.eeoc.gov/policy/docs/guidance-inquiries.html....
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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)
382.141 What training are carriers required to provide for their personnel?
The requirement to consult with disability groups now focuses on disability groups in the carrier’s home country....
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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(d)(3) and 36.105(d)(3)—Condition, Manner, or Duration
At that time, the Department noted that ‘‘[a] person is considered an individual with a disability . . . when the individual’s important life activities are restricted as to the conditions...
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Additional Access Publications > Proceedings of: Workshop on Improving Building Design for Persons with Low Vision
Issue 21: What additional education and training are needed for supervisors of employees with low vision?
And most people with disabilities would object to being segregated from their – from the workforce. But I’m just telling you that I can reasonably anticipate that outcome....
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Federal Documents > Technical Assistance > The ADA: Your Employment Rights as an Individual With a Disability
The ADA: Your Employment Rights as an Individual With a Disability
The Americans with Disabilities Act of 1990 (ADA) makes it unlawful to discriminate in employment against a qualified individual with a 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 May 2016)
§382.85 What seating accommodations must carriers make to passengers in circumstances not covered by §382.81 (a) through (d)?
As a carrier, you must provide the following seating accommodations to a passenger who self-identifies as having a disability other than one in the four categories listed in §382.81 (a)...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Safety Always Considered
Considered
You should keep in mind that carriers are obligated to take the safety of all passengers into consideration when making decisions about accommodations for passengers with disabilities...
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Federal Documents > Technical Assistance > Access to Medical Care for Individuals with Mobility Disabilities
Access To Medical Care For Individuals With Mobility Disabilities
Americans with Disabilities Act
Access To Medical Care For Individuals With Mobility Disabilities
U.S....
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Webinars, Videos, and Training > Demonstrations by Persons with Disabilities
Jeff's Story - A Video about Living with Spina Bifida
Requires the Registered User plan or above.
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Webinars, Videos, and Training > Spirit of the ADA
Understanding the Mobility Impaired (Helping #5)
Requires the Registered User plan or above.
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Who can file charges of discrimination?
An applicant or employee who feels that s/he has been discriminated against in employment on the basis of disability can file a charge with EEOC....
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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)
382.85 What seating accommodations must carriers make to passengers in circumstances not covered by section 382.81 (a) through (d)?
Carriers must provide a seat that will accommodate a passenger with a disability other than one listed in section 382.81(a) – (d) when the passenger self-identifies and requests the accommodation...
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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
Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
The Doctor's Role
examinations for an employer should not be responsible for making employment decisions or deciding whether or not it is possible to make a reasonable accommodation for a person with a disability...