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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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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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 > 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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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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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 > 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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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...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12112(b) Construction
(b) Construction. --As used in subsection (a), the term discriminate includes --
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
Employment-Related Discrimination
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Grievance Procedures
School districts are required to establish grievance procedures for resolving complaints related to those cases where the complainants allege that employees, other students, or third...
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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
9. What Kind of Documentation Would Be Helpful?
Employers may require documentation that establishes how your client's condition limits job performance, and how an accommodation would help to overcome the limitations. However, you...
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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)(2)
(2) For purposes of this part, housing, aids, benefits, and services, to be equally effective, are not required to produce the identical result or level of achievement for...
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Federal Documents > Technical Assistance > Department of Transportation Disability Law Guidance: Questions and Answers Concerning Wheelchairs and Bus and Rail Service
Can an operator require a person to transfer from a wheelchair to a vehicle seat?
No. Section 37.165(e) of the DOT ADA regulations allows persons who use wheelchairs to transfer to a vehicle seat, if one is available. Such a move is the rider’s decision and...
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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(a)
(a) No qualified handicapped student shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under...
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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)
§104.35(d) Reevaluation
(d) Reevaluation. A recipient to which this section applies shall establish procedures, in accordance with paragraph (b) of this section, for periodic reevaluation of students who...
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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)
§104.22(a) Accessibility
(a) Accessibility. A recipient shall operate its program or activity so that when each part is viewed in its entirety, it is readily accessible to handicapped persons. This paragraph...
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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)
§104.23(a) Design and construction
(a) Design and construction. Each facility or part of a facility constructed by, on behalf of, or for the use of a recipient shall be designed and constructed in such manner that the...
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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)
§104.22(b) Methods
(b) Methods. A recipient may comply with the requirements of paragraph (a) of this section through such means as redesign of equipment, reassignment of classes or other services to...
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Federal Documents > Technical Assistance > Nondiscrimination in Federally Assisted Programs: Policy Interpretations
SECTION 504 OF THE REHABILITATION ACT OF 1973 POLICY INTERPRETATION NO. 5
SECTION 504 OF THE REHABILITATION
ACT OF 1973
POLICY INTERPRETATION NO. 5
Subject: Participation of Handicapped Students in Contact Sports.
Policy...
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Federal Documents > Technical Assistance > Questions and Answers: Transportation Services for Individuals with Disabilities
Can an operator require a person to transfer from a wheelchair to a vehicle seat?
No. Section 37.165(e) of the DOT ADA regulations allows persons who use wheelchairs to transfer to a vehicle seat, if one is available. Such a move is the rider’s decision and the...