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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Additional Access Publications > Using a Fitness Center Does Not Have to be an Exercise in Frustration: Tips for People with Mobility and Visual Disabilities
Using a Fitness Center Does Not Have to be an Exercise in Frustration: Tips for People with Mobility and Visual Disabilities
By
June Isaacson Kailes, Associate Director
Center for Disability Issues and the Health Professions
Western University of Health Sciences
jik@pacbell.net
Version 1.1, November...
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Webinars, Videos, and Training > Continuing education
Defining and Delivering Disability-Competent Care - The Care Coordination Relationship
This is the third webinar in Webinar Series #1, "Leading Healthcare Practices and Training: Defining and Delivering Disability-Competent Care". ...
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Federal Documents > Technical Assistance > ADA Update - A Primer for State and Local Governments (Title II Primer)
ADA Update - A Primer for State and Local Governments (Title II Primer)
Department of Justice
Civil Rights Division
Disability Rights Section
AMERICANS WITH DISABILITIES ACT
ADA Update:
A Primer for State and Local Governments...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
3.1 Overview of Legal Obligations
This duty is ongoing and may arise any time that a person's disability or job changes....
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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)
§27.19 Compliance with Americans with Disabilities Act requirements and FTA policy.
[55 FR 40763, Oct. 4, 1990, as amended at 56 FR 45621, Sept. 6, 1991; 61 FR 32354, June 24, 1996; 79 FR 21405, Apr. 16, 2014]
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Federal Documents > Technical Assistance > The ADA: Your Employment Rights as an Individual With a Disability
What is Reasonable Accommodation?
Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Alterations to cells and program access. (Section-by-Section Analysis)
Historically, individuals with disabilities have been excluded from such programs because they are not located in accessible locations, or inmates with disabilities have been segregated...
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Federal Documents > Technical Assistance > Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools
Q10: What should a school district do if it does not believe that a student needs special education or related services as described in the Section 504 regulation?
This provision requires a school district to establish a system of procedural safeguards for the identification, evaluation, and educational placement of persons who, because of disability...
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Products and Additional Resources > Disability Etiquette > Real-Time Communication Etiquette for Communicating with Customers with Disabilities
Speech Impairments
Speech Impairments
People with speech impairments may stutter, slur words, sound hoarse, have unintelligible speech, or be non-vocal. When communicating verbally with a person...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
Section 36.301 Eligibility Criteria (Preamble, Section-by-Section Analysis)
For example, public accommodations may not require that an individual with a disability be accompanied by an attendant....
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
§ 36.311(a) Use of wheelchairs and manually-powered mobility aids
A public accommodation shall permit individuals with mobility disabilities to use wheelchairs and manually-powered mobility aids, such as walkers, crutches, canes, braces, or other similar...
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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)
§ 35.101(a) Purpose
The purpose of this part is to implement subtitle A of title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131-12134), as amended by the ADA Amendments Act of 2008 (ADA...
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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)
§382.91 What assistance must carriers provide to passengers with a disability in moving within the terminal?
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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)
Program requirements. (Section-by-Section Analysis)
Historically, individuals with disabilities have been excluded from such programs because they are not located in accessible locations, or inmates with disabilities have been segregated...
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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
DOJ/DOE Joint Publication: Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools
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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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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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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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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 > 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 > 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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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 > 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...