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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Webinars, Videos, and Training > Spirit of the ADA
ADA25: Cindy's Story
Cindy has lived in Alabama since 1978. She went blind at the age of 19 and attended a rehabilitation center to learn blindness skills in order to live as an independent person. She...
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Webinars, Videos, and Training > Spirit of the ADA
ADA25: Jerry's Story
Jerry is a 55 year old retired computer programmer who was born and raised in the greater Birmingham, Alabama area. Though retired, Jerry still works as a coach of Junior wheelchair...
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Additional Access Publications > 5 “G’s” Getting Access to Health Care for People with Physical Disabilities
5 “G’s” Getting Access to Health Care for People with Physical Disabilities
By
June Isaacson Kailes, Associate Director
Center for Disability Issues and the Health Professions
Western University of Health Sciences
jik@pacbell.net
2008 Version 1...
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Webinars, Videos, and Training > Spirit of the ADA
IRS Videos in ASL: IRS Tax Help for People With Disabilities (Captions & Audio)
Published on Feb 22, 2018
Find out what tax help is available for people with disabilities on the IRS website. Get more information at https://www.irs.gov/accessible...
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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)
§382.27 May a carrier require a passenger with a disability to provide advance notice in order to obtain certain specific services in connection with a flight?
[Doc. No. DOT-OST-2004-19482, 73 FR 27665, May 13, 2008, as amended at 74 FR 11471, Mar. 18, 2009; 75 FR 44887, July 30, 2010; Doc. No. FAA-2014-0554, 81 FR 33120, May 24, 2016]
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
USING THIS GUIDE TO DESIGN AN EVACUATION PLAN
This Guide is arranged by disability category....
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Webinars, Videos, and Training > Spirit of the ADA
Personal Assistant (Full Version)
Published on Sep 26, 2012
Youth with disabilities discuss how they use personal assistance services (PAS) and what's involved in finding and managing their own services....
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Additional Access Publications > Employers' Guide to Including Employees with Disabilities in Emergency Evacuation Plans
Employers' Guide to Including Employees with Disabilities in Emergency Evacuation Plans
Accommodation and Compliance Series:
Employers' Guide to Including Employees with Disabilities in Emergency Evacuation Plans
By Beth Loy, Ph.D and Linda Carter Batiste, J.D....
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Federal Documents > Technical Assistance > The Mental Health Provider's Role in a Client's Request for a Reasonable Accommodation at Work
The Mental Health Provider's Role in a Client's Request for a Reasonable Accommodation at Work
Many people with common mental health conditions have a right to a reasonable accommodation at work under the Americans with Disabilities Act (ADA)....
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Federal Documents > Technical Assistance > Expanding Your Market: Building a Diverse Customer Base
Expanding Your Market: Building a Diverse Customer Base
Department of Justice
Civil Rights Division
Disability Rights Section...
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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
General Information about Hearing Impairments
individuals in that they use their hearing to assist in communication with others.[10] As discussed below, people who are deaf and those who are hard of hearing can be individuals with disabilities...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Direct Threat
prohibitions against discrimination:
(g) A public entity shall not exclude or otherwise deny equal services, programs, or activities to an individual or entity because of the known disability...
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Federal Documents > Technical Assistance > Fact Sheet: Highlights of the Final Rule to Amend the Department of Justice's Regulation Implementing Title III of the ADA
6. Wheelchairs and Other Power-Driven Mobility Devices
Other power-driven mobility devices" include a range of devices not designed for individuals with mobility impairments, such as the Segway® PT, but which are often used by individuals with disabilities...
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Federal Documents > Technical Assistance > Fact Sheet: Highlights of the Final Rule to Amend the Department of Justice's Regulation Implementing Title II of the ADA
6. Wheelchairs and Other Power-Driven Mobility Devices
Other power-driven mobility devices" include a range of devices not designed for individuals with mobility impairments, such as the Segway® PT, but which are often used by individuals with disabilities...
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Products and Additional Resources > Disability Etiquette > Real-Time Communication Etiquette for Communicating with Customers with Disabilities
Hearing Impairments
Hearing Impairments
People with hearing impairments may have mild to severe hearing loss or may be completely deaf. When communicating with people who are deaf or hard of hearing,...
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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 (2008 Title III NPRM)
28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM (2008 Title III NPRM)
DEPARTMENT OF JUSTICE
28 CFR PART 36
[CRT Docket No. 106; AG Order No. 2968-2008]
RIN 1190-AA44
Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial...
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Federal Documents > Preamble to Guidelines > 36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)
1191.1 Accessibility Guidelines
(a) The accessibility guidelines for buildings and facilities covered by the Americans with Disabilities Act are set forth in Appendices B and D to this part....
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Webinars, Videos, and Training > Spirit of the ADA
When I Walk (Official Trailer) - A film by Jason DaSilva and Alice Cook
In 2006, 25-year-old Jason DaSilva was on vacation at the beach with family when, suddenly, he fell down. He couldn't get back up. His legs had stopped working; his disease could no...
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Federal Documents > Regulations > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§1630.2(k)(1) In general
An individual has a record of a disability if the individual has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more...
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Additional Access Publications > Accommodation and Compliance Series: Employees with Autism Spectrum Disorder
Preface
Preface
The Job Accommodation Network (JAN) is a service of the Office of Disability Employment Policy of the U.S. Department of Labor....
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
§302(a) General Rule
No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any...
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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(g)
(g) Whenever you decide not to accept an animal as a service animal, you must explain the reason for your decision to the passenger and document it in writing. A copy of the...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.14(a)
(a) Acceptable pre-employment inquiry. A covered entity may make pre-employment inquiries into the ability of an applicant to perform job-related functions, and/or may ask an...
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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(f)
(f) You are never required to accommodate certain unusual service animals (e.g., snakes, other reptiles, ferrets, rodents, and spiders) as service animals in the cabin. With respect...